A
FAMILIAR TREATISE
OK THE
PRINCIPLES AND PRACTICE
OF
MASONIC JURISPRUDENCE.
BY
JOHN W. SIMONS,
M
PAST GRAND MASTER OP NEW YORE.
“ Stand on the Old Ways and then make Progression .” — Bacon.
C. \ 3 ft
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NEW YORK:
MASONIC PUBLISHING AND MANUFACTURING CO.,
432 BROOME STREET.
1869.
Entered according to Act of Congress, in the year 1864, by
JOHN W. SIMONS.
In the Clerk’s Office of the District Court of the United States for the
Southern District of New York.
TO THE
M. W. CLINTON F. PAIGE,
Grand Master of Masons in the State of New York,
THIS WO R K
IS FRATERNALLY INSCRIBED,
IN TESTIMONY OF THE
WARM PERSONAL REGARD AND FRATERNAL ESTEEM
OF
THE AUTHOR
PREFACE.
In presenting the following pages to the attention of the Frater-
nity, we are bnt repeating a thrice-told tale, and should, perhaps,
apologize for attempting a topic which has already been so exhaust-
ively treated by brethren learned in the law. Our title will, how-
ever, indicate our design, which is to bring the subject within the
grasp of the Fraternity in general, and, by our method of treatment,
to make it comprehensible to those who have heretofore deemed
it too abstruse for the common intellect, and have therefore been
satisfied to accept the decisions of any whom they might deem
qualified to instruct them.
The lamentable want of knowledge, in regard to the simplest
principles of Masonic law, which prevails even among otherwise
intelligent brethren, can only be fully known to those who, like
the writer, have held official station in the Craft, and been called
upon to answer the multitudinous questions that arise in the prac-
tice of lodges. A dozen different interrogatories are frequently
propounded in relation to the same subject, all of which might be
readily answered, were the questioners in possession of the funda-
mental principle on which it is based. To supply this principle,
and to simplify its application, has been the object in view in our
work; and to it we have brought the experience of a long and
active participation in every branch of our institution, with an
extended intercourse with Craftsmen from every portion of our own
country and Europe.
Our plan has been, as will be found upon examination of the
work, to reduce the authorities depended upon to the smallest com-
pass, and to make a careful distinction between the general laws
of the society and the local regulations of Grand Lodges, which
Y1
PREFACE.
we have found, in our practice, to be the principal source of diffi-
culty among brethren unused to the application of the law to the
questions presenting themselves in their lodges. Commencing
thus at the foundation, we have followed the profane from his peti-
tion onward to his reception in a lodge, and explained, in the fewest
words possible, the various rules and requirements that attend his
progress. The formation of a lodge, and the powers thereof, as
well as the prerogatives of its officers and members, are considered.
The laws applicable to trials and appeals have received special
consideration; and thus the inquirer is led forward to the estab-
lishment of Grand Lodges, and the powers and prerogatives of
the Grand Officers.
We are by no means vain enough to suppose that we have
exhausted the questions at issue, or that nothing more is to # be
said on the subject; but we do believe that the great number of
brethren unacquainted with the jurisprudence of the Fraternity
will find here useful hints to guide their progress in the study of
the laws which govern our institution, and to point out the paths
which lead to a correct understanding of the foundations upon
which our system of jurisprudence is based.
In the Appendix will be found the various forms required in the
business of lodges; among which, we desire to call especial atten-
tion to those regarding trials and appeals, which have been adopted
by the Grand Lodge of New York, and which we deem the best
that have yet been presented to the notice of the brethren. Pre-
pared originally by our friend and brother, the M. W. John L.
Lewis, they have proved in practice to be all that can be required
in the administration of Masonic justice.
And, in conclusion, we would say, that if our labors shall prove
to be of benefit to our brethren, and aid, even in a feeble degree,
in making the subject treated more comprehensible to them, we
shall feel amply compensated for the labor expended in its
preparation.
THE AUTHOR.
PRINCIPLES AND PRACTICE
OP
MASONIC JURISPRUDENCE.
CHAPTER I.
fato.—f anhnarlts.
The Masonic Institution is complete in itself.
Appointed, as we believe, an agent to assist in the
development of the purposes of our creation and
earthly existence, it moves silently forward in its
mission, without resort to exterior agencies, and
labors at its appointed task by methods of its own,
and from designs drawn on its tracing-boards by no
profane hand. Its history, its philosophy, its ethics,
and its symbolism, each bear the signet of the Craft ;
each is a study in itself, that no single mind, however
industrious its possessor, can be said to have yet
completely mastered. So with its laws : they are a
portion of the system, stamped with its peculiar im
press, and only to be rightly comprehended when
viewed in the light that belongs to the institution.
Without a knowledge of the society — its rituals and
10
PRINCIPLES AND PRACTICE OF
customs — the most learned judge, the most subtle
advocate, would be at a loss to declare the law on a
given point, or even to rightly interpret its written
code. It should not, therefore, be a matter of surprise
that, to the great majority of the brethren, this sub-
ject presents almost insuperable difficulties, and that
it is so rare to find one who has devoted the time and
investigation necessary to a proper comprehension
of it ; they learn, it is true, the general routine of
lodge business with sufficient promptitude, but beyond
that, they rarely go ; suffering themselves — as in the
ordinary affairs of life — to be guided by the few, and
accepting (perhaps in too many instances) the deci-
sions of any one in whom they may place confidence.
We can, however, imagine no reason why the lay
brethren — to say nothing of Masters and other offi-
cers of lodges — should not understand this, as well
as other matters of Masonic peculiarity ; and it is to
encourage and facilitate such inquiry that we have
undertaken the present work, devoted, as will be
found upon examination, rather to pointing out what
the law really is, than to inventing apologies for or
arguments against its provisions. The Masonic code,
though not so plain that a wayfaring man may not
err therein, is nevertheless not so intricate, nor is its
study so dry and forbidding as many suppose. Its
foundation rests upon three principles of action,
MASONIC JURISPRUDENCE.
11
which are well and concisely stated in the following
extract from the Constitution of the Grand Lodge of
the State of New York :
“ The action of Freemasons, in their Grand or Subordinate
Lodges, or in their individual character, is regulated and
controlled —
“1. By Ancient Landmarks; or, the Unwritten Law of
Masonry.
“2. By Written Constitutions and General Regulations;
and,
“ 3. By Usages, Customs, Rules, Edicts, and Resolu-
tions, having the force of General Regulations.
“ The Ancient Landmarks are those principles of Masonic
government and polity which are the only part of Masonic
law, or rule of government, that may never be altered or
disturbed ; and such of them as are lawful to be written, are
usually, but not wholly, engrafted in the written Constitu-
tions and General Regulations.
“ Constitutions are those written compacts or laws adopted
by Freemasons for the government of a Grand Lodge and its
Subordinate Lodges, and their members; including General
Regulations, constitutionally adopted, that are intended to be
permanent in their character.
“General Regulations, Usages and Customs, Rules, Edicts
and Resolutions, are those Masonic rules of action adopted
by competent authority for local or temporary purposes,
admitting of change at convenience, and not embraced in
Ancient Landmarks or Constitutions, and are frequently
12
PRINCIPLES AND PRACTICE OP
termed By-Laws. But when they so operate as to alter,
modify, or otherwise affect the Constitutions, as defined in
the preceding section, they are also styled Constitutions.”
We remark, in passing, that the Landmarks are not
all comprised in the unwritten law : on the contrary",
some of the most important are found in the An-
cient Charges and [Regulations. Of the three princi-
ples above set forth, however, the Landmarks are
undoubtedly the most important, being, as it were,
the starting-point, and, from their very nature, influ-
encing the formation and controlling the validity of
the others. And yet they are the most difficult to be
understood and defined. The term “ Landmark ” is
used in its scriptural sense where it is employed to
designate a mark or boundary set up in ancient days
between one man’s possessions and those of his
neighbor, beyond which neither party could lawfully
go ; and, when once established, these boundaries or
landmarks were never to be removed. This custom
has come down to us unimpaired, it being a law in
most, if not all the States, that a tree, stone, or other
landmark, between the possessions of neighbors, can-
not be cut down or removed. It is in this sense that
we apply the word in Masonic law and usage, as de-
signating a fundamental principle of Masonry, which
no man or body of men can change or remove — as
one on which we rely to preserve the institution from
MASONIC JURISPRUDENCE.
13
the changes of the outer world, and to hand it down
to the latest posterity, as it was in the beginning, and
must continue to be to the end of time. But, para-
doxical as it may appear, that there should be any
uncertainty about that which is, in its nature, fixed
and unchangeable, it is nevertheless quite true that
scarcely any two Masonic authorities of eminence
agree as to what are, and what are not, Landmarks.
We assume those principles of action to be landmarks
which have existed from time immemorial, whether
in the written or unwritten law ; which are identified
with the form and essence of the society ; which, the
great majority agree, cannot be changed, and which
every Mason is bound to maintain intact, under the
most solemn and inviolable sanctions. In accordance
with these views, we think that the following will be
admitted to have always been in force ; to involve
essential Masonic principles; to be unchangeable,
unless by altering the form and essence of the insti-
tution, and therefore to be landmarks, in the proper
sense of the term.
LANDMARKS.
1. A belief in the existence of a Supreme Being,
and in the immortality of the soul.
2. That the moral law, which inculcates, among
14
PRINCIPLES AND PRACTICE OF
other things, charity and probity, industry and sobri-
ety, is the rule and guide of every Mason.
3. Respect for, and obedience to, the civil law of
the country, and the Masonic regulations of the juris-
diction where a Mason may reside.
4. That new-made Masons must be free-born, of
lawful age, and hale and sound at the time of making.
5. The modes of recognition, and, generally, the
rites and ceremonies of the three degrees of Ancient
Craft Masonry.
6. That no appeal can be taken to the Lodge, from
the decision of the Master, or the Warden occupying
the Chair in his absence.
7. That no one can be the Master of a Warranted
Lodge till he has been installed and served one year
as Warden.
8. That when a man becomes a Mason, he not
only acquires membership in the particular lodge
that admits him, but, in a general sense, he becomes
one of the whole Masonic family ; and hence he has
a right to visit, masonically, every regular lodge,
except when such visit is likely to disturb the har-
mony or interrupt the working of the lodge he pro-
poses to visit.
9. The prerogative of the Grand Master to preside
over every assembly of the Craft, within his juris-
diction, to mako Masons at sight in a regular lodge,
MASONIC JURISPRUDENCE. 15
and to grant Dispensations for the formation of
new lodges.
10. That no one can be made a Mason, save in a
regular lodge, duly convened, after petition, and ac-
ceptance by unanimous ballot, except when made at
sight by the Grand Master.
11. That the ballot for candidates is strictly and
inviolably secret.
12. That a lodge cannot try its Master.
13. That every Mason is amenable to the laws and
regulations of the jurisdiction in which he resides,
even though he be a member of a particular lodge in
some other jurisdiction.
14. The right of the Craft at large to be repre-
sented in Grand Lodge, and to instruct their repre-
sentatives.
15. The general aim and form of the society, as
handed down to us by the fathers, to be by us pre-
served inviolate, and transmitted to our successors
forever.
This list might be somewhat extended by adding
to it, as is frequently done, regulations deduced from
these principles ; but we prefer to avoid that error,
and the discussions which inevitably follow a depart-
ure from established law: for self-interest, or the
predominance of a feeling entirely extraneous to
16
PRINCIPLES AND PRACTICE OP
Masonry, will sometimes lead men to close their
eyes to the most indubitable proposition. Take, for
instance, the fourth landmark, above cited. Its exist-
ence, as a fundamental principle of Masonic law,
from the very earliest times of which we have any
record, is beyond dispute : its language is too plain
to admit of any equivocation ; and it is just as much
an integral and immovable part of the Masonic sys-
tem, as the one requiring a belief in the existence of
a Supreme Being ; and we can admit an argument
as to the right to abrogate one, with the same pro-
priety as the other. Nevertheless, the Grand Lodge
of England, a few years since, solemnly amended its
Constitution by striking out “ free-born ,” and putting
in its place “fr ee-man;” thus changing an essential
feature of the law, or, in plain terms, removing an
indisputable landmark. "We can easily perceive that
it would take but a few such alterations of the land-
marks to destroy the identity of the society, and
sever the links that bind it to the long past. Admit
the power to modify these principles at the pleasure
of Grand Lodges, and you at once overturn the whole
structure ; sever the present from the past as com-
pletely as if the past had never been ; bring to nought
the boasted antiquity of the Fraternity, and make its
most solemn covenants but empty words.
There is a double iniquity in this proceeding of the
MASONIC JURISPRUDENCE.
17
English. Graiid Lodge, from the fact that, at its estab-
lishment, it was solemnly agreed that no regulation
should be adopted in derogation of the Ancieut Land-
marks, and that agreement is just as binding as a
landmark ; for it was entered into as a condition of
the resignation of the general sovereignty into the
keeping of the Grand Lodge, which, therefore, not
only sets aside a landmark, but violates an express
stipulation that it would not do so.
We could easily assign the reason for this proceed-
ing, were any useful purpose to be subserved by so
doing. It is sufficient for us to show, however, that
the English Craft are themselves at a loss to justify
their own acts, as will be seen by the following ex-
tract from a late English work :*
“The strict inviolability of a Landmark is somewhat prob-
lematical. There are certain obsolete particulars in Masonry
which were formerly esteemed to be Landmarks, but have
undergone alterations in a greater or lesser degree. It fol-
lows, therefore, that if the old Landmarks cannot, by any
possibility, be removed, then we incur the unavoidable con-
clusion that these never had a claim to any such distinction.
In all existing constitutions, however, there is a prohibitory
clause, which pronounces the Landmarks, like the laws of the
* The Freemason’s Treasury. Fifty-two short lectures on the
theory and practice of symbolical Masonry, by the Rev. George
Oliver, D. D. London, 1863.
18
PRINCIPLES AND PRACTICE OF
Medes and Persians, to be unchangeable ; but we shall find
that, in practice, it has been occasionally violated, and there-
fore inapplicable to all the contingencies that may arise in
practice.
“ To persist, then, in asserting that the Landmark cannot
be altered, with an array of positive facts against the hy-
pothesis, is indefensible and absurd, because it places the
society in a false position. It is well known, that whenever
it has been found expedient to expunge a Landmark, the
means of accomplishment were never wanting. The letter
of the law is stern, but the spirit is feeble. Practice is more
than a match for it: it beats it on its own ground.”
This is undoubtedly a fair exposition of English
“ practice,” and goes to show the method that must
have governed the Grand Lodge in the case before
cited. They resolved — 1, The regulation that a can-
didate must be free-born is obsolete ; 2, It is not a
landmark; and, 3, That it be rescinded. By this
process of reasoning, it would be easy to prove the
non-existence of any Landmark ; and its natural con-
sequence would be to gradually remove, not only the
landmarks, but the society itself. We regret that so
able an exponent of the Masonic ideal as Dr. Oliver
should be willing to countenance such proceedings ;
we wonder that, instead of so doing, he had not
raised his voice in indignant remonstrance ; and we
sincerely trust that the day may never come when an
American Mason will be found willing to countenance
MASONIC JURISPRUDENCE.
19
so manifest an innovation, however exalted may be
the source from which it emanates ; that all and sin-
gular will maintain the doctrine that any such action
or attempted action, on the part of a Grand Lodge
or other assembly of Masons, would be absolutely
void and of no effect.
To resume : All Constitutions, General Regulations
and Usages are based upon the Landmarks, and must
be in harmony with them ; for otherwise they would
have no binding force or effect. But every Grand
Lodge has an inherent right to make local regulations ;
to abolish old ones, and to make new ones at pleasure ;
but such regulations, it will be understood, will only
be valid within the jurisdiction of the Grand Lodge
promulgating them. It is, however, a very common
mistake among the brethren to confound such local
regulations with the general laws of the fraternity,
from which source emanate many of the questions
submitted for the decision of Grand Masters and
Grand Lodges. The inquiring brother should, there-
fore, be acquainted with, and study for himself, the
basis of the Masonic law, and the superstructure of
Masonic jurisprudence that has been erected upon it.
Masonic jurists claim the authority of law for the
Gothic or York Constitutions of A. d. 926 ; for various
regulations adopted at subsequent periods, and for
the Charges and Regulations compiled by Doctor
20
PRINCIPLES AND PRACTICE OF
Anderson in 1721, and published under sanction of
the Grand Lodge of England in 1723. These Con-
stitutions are claimed to have embodied all the reg-
ulations of the Craft up to that time, not only in
England, but of “ Lodges beyond sea and as they
certainly contain all the law of a general nature that
we have, we see no good reason for multiplying au-
thorities, and our references will be made to them.
We are the more inclined to this opinion, from the
fact that they were collated immediately after the
revival in 1717, by one to whom every facility for
making them correct was extended, and before the
increase of the fraternity, under the new regime, led
to the innovations which appear in subsequent edi-
tions. It should be observed, too, that during the
schism in England, Lawrence Dermott, who was
Deputy Grand Master of the seceding, or Athol
Grand Lodge, published a “ Book of Constitutions,”
similar in its general features to the true version, but
in which he took occasion to make alterations in
some essential points, probably to suit the exigencies
of his irregular Grand Lodge. Many of the warrants
for the establishment of lodges in this country issued
from the Dermott or Athol Grand Lodge, which is
doubtless the reason why so much of the spurious
Constitutions is found in the jurisprudence of the
several States. In New York, where most of these
MASONIC JURISPRUDENCE.
21
warrants were ultimately located, the spurious Charges
of Dermott are prefixed to and made a part of the
Book of Constitutions, and more or less of their spirit
is found in its otherwise admirable code of law.
As a matter of research, the Regulations, previous
to 1721, may be consulted ; but, for all practical pur-
poses, the Charges and Thirty-nine Articles of Doctor
Anderson are sufficient. For this reason, and to
avoid confusing the mind of the student, we insert
these only.
% Charges a $mntasmt.
Extracted from the Ancient Records of Lodges beyond Sea,
and of those in England , Scotland and Ireland, for the
use of the Lodges in London. To be read at the making
of New Brethren, or when the Master shall order it.
THE GENERAL HEADS, viz:
I. — Op God and Religion; II. — Of the Civil Magistrate, Supreme
and Subordinate; EH. — Of Lodges; IV. — Of Masteks, Ward-
ens, Fellows, and Apprentices; Y. — Of the Management of
the Craft in working; VL — Of Behavior, viz: 1. In the Lodge
while Constituted. 2. After the Lodge is over, and the Breth-
ren not gone. 3. When Brethren meet without Strangers,
but not in a Lodge. 4. In presence of Strangers not Masons.
5. At Home and in the Neighborhood. 6. Towards a strange
Brother.
I.-CONCERNING GOD AND RELIGION.
A Mason is obliged, by his tenure, to obey the moral law;
and if he rightly understands the Art, he will never be a
22
PRINCIPLES AND PRACTICE OF
stupid Atheist, nor an irreligious Libertine. But though in
ancient times Masons were charged in every country to be
of the Religion of that country or nation, whatever it was,
it is now thought more expedient only to oblige them to that
Religion in which all men agree, leaving their particular opin-
ions to themselves; that is, to be good men and true , or men
of honor and honesty, by whatever denominations or persua-
sions they may be distinguished ; whereby Masonry becomes
the Center of Union , and the means of conciliating true
Friendship among persons that must have remained at a
perpetual distance.
II.— OF THE CIVIL MAGISTRATE, SUPREME AND SUBORDINATE.
A Mason is a peaceable subject to the civil powers wher-
ever he resides or works, and is never to be concerned in
plots and conspiracies against the peace and welfare of the
nation, nor to behave himself undutifully to inferior magis-
trates; for as Masonry hath been always injured by war,
bloodshed, and confusion, so ancient kings and princes have
been much disposed to encourage the Craftsmen, because of
their peaceableness and loyalty, whereby they practically
answered the cavils of their adversaries, and promoted the
honor of the Fraternity, who ever flourished in times of peace.
So that if a Brother should be a rebel against the State, he
is not to be countenanced in his rebellion, however he may be
pitied as an unhappy man; and, if convicted of no other
crime, though the loyal brotherhood must and ought to disown
his rebellion, and give no umbrage or ground of political jeal-
ousy to the government for the time being, they cannot expel
him from the lodge, and his relation to it remains indefeasible.
MASONIC JURISPRUDENCE.
23
IIL-OF LODGES.
A Lodge is a place where Masons assemble and work:
Hence that Assembly, or duly organized Society of Masons,
is called a Lodge , and every Brother ought to belong to one,
and to be subject to its by-laws and the General Regulations.
It is either particular or general, and will be best understood
by attending it, and by the Regulations of the General or
Grand Lodge hereunto annexed. In ancient times, no Mas-
ter or Fellow could be absent from it, especially.when warned
to appear at it, without incurring a severe censure, until it
appeared to the Master and Wardens that pure necessity
hindered him.
The persons admitted members of a lodge must be good
and true men, free-born, and of mature and discreet age; no
bondmen, no women, no immoral or scandalous men, but of *
good report.
IV./-0F MASTERS, WARDENS, FELLOWS AND APPRENTICES.
All preferment among Masons is grounded upon real worth
and personal merit only; that so the lords may be well served,
the brethren not put to shame, nor the Royal Craft despised:
Therefore no Master or Warden is chosen by seniority, but
for his merit. It is impossible to describe these things in
writing, and every Brother must attend in his place, and learn
them in a way peculiar to this Fraternity: Only candidates
may know that no Master should take an Apprentice, unless
he has sufficient employment for him, and unless he be a per-
fect youth, having no maim or defect in his body, that may
render him incapable of learning the art of serving his mas-
ter’s Lord, and of being made a Brother , and then a Fellow
24
PRINCIPLES AND PRACTICE OF
Craft in due time, even after he has served such a term of
years as the custom of the country directs ; and that he should
be descended of honest parents; that so, when otherwise qual-
ified, he may arrive to the honor of being the Warden, and
then the Master of the Lodge, the Grand Warden , and at
length the Grand Master of all the Lodges, according to
his merit.
No Brother can be a Warden until he has passed the part
of a Fellow Craft; nor a Master until he has acted as a
Warden, nor Grand Warden until he has been Master of a
Lodge, nor Grand Master, unless he has been a Fellow Craft
before his election, who is also to be nobly born, or a gentle-
man of the best fashion, or some eminent scholar, or some
curious architect or other artist, descended of honest parents,
and who is of singular great merit in the opinion of the
lodges. And for the better, and easier, and more honorable
discharge of his office, the Grand Master has a power to
choose his own Deputy Grand Master, who must be then, or
must have been formerly, the Master of a particular lodge,
and has the privilege of acting whatever the Grand Master,
his Principal, should act, unless the said Principal be present,
or interpose his authority by a letter.
These rulers and governors — supreme and subordinate —
of the ancient Lodge, are to be obeyed in their respective
stations by all the Brethren, according to the old Charges and
Regulations, with all humility, reverence, love and alacrity.
Y.— OF THE MANAGEMENT OF THE CRAFT IN WORKING.
All Masons shall work honestly on working-days, that they
may live creditably on holy-days; and the time appointed
MASONIC JURISPRUDENCE.
25
by the law of the land, or confirmed by custom, shall be
observed.
The most expert of the Fellow Craftsmen shall be chosen
or appointed the Master or Overseer of the Lord’s work;
who is to be called Master by those that work under him.
The Craftsmen are to avoid all ill language, and to call each
other by no disobliging name, but Brother or Fellow, and to
behave themselves courteously within and without the lodge.
The Master knowing himself to be able of cunning, shall
undertake the Lord’s work as reasonably as possible, and
truly dispend his goods as if they were his own ; nor to
give more wages to any Brother or Apprentice than he
really may deserve.
Both the Master and the Masons receiving their wages
justly, shall be faithful to the Lord, and honestly finish their
work, whether task or journey; nor put the work to task
that hath been accustomed to journey.
None shall discover envy at the prosperity of a Brother,
nor supplant him, or put him out of his work, if he be capable
to finish the same; for no man can finish another’s work so
much to the Lord's profit, unless he be thoroughly acquainted
with the designs and drafts of him that began it.
When a Fellow-Craftsman is chosen Warden of the work
under the Master, he shall be true both to Master and Fel-
lows, shall carefully oversee the work in the Master's absence
to the Lord’s profit; and his Brethren shall obey him.
All Masons employed shall meekly receive their wages,
without murmuring or mutiny, and not desert the Master till
the work is finished.
2
26
PRINCIPLES AND PRACTICE OF
A younger Brother shall be instructed in working, to
prevent spoiling the materials for want of judgment, and for
increasing and continuing of Brotherly Love.
All the tools used in working shall be approved by the
Grand Lodge.
No laborer shall be employed in the proper work of Mason-
ry; nor shall Free Masom work with those that are not free,
without an urgent necessity; nor shall they teach laborers and
unaccepted Masons as they should teach a Brother or Fellow.
VI— OF BEHAVIOR.
1 . — In the Lodge while constitided.
You are not to hold private committees or separate con-
versation, without leave from the Master, nor to talk of any
thing impertinent or unseemly, nor interrupt the Master or
Wardens, or any Brother speaking to the Master: Nor
behave yourself ludicrously or jestingly while the Lodge is
engaged in what is serious and solemn; nor use any unbe-
coming language upon any pretence whatsoever; but to pay
due reverence to your Master, Wardens and Fellows, and
put them to worship.
If any complaint be brought, the Brother found guilty
shall stand to the award and determination of the Lodge,
who are the proper and competent judges of all such contro-
versies, (unless you carry it by appeal to the Grand Lodge,)
and to whom they ought to be referred, unless a Lord’s work
be hindered the mean while, in which case a particular refer-
ence may be made; but you must never go to law about
what concerneth Masonry, without an absolute necessity,
apparent to the Lodge.
2 . — Behavior after the Lodge is over, and the Brethren not gone.
You may enjoy yourselves with innocent mirth, treating
one another according to ability, but avoiding all excess, or
forcing any Brother to eat or drink beyond his inclination,
or hindering him from going when his occasions call him, or
doing or saying any thing offensive, or that may forbid an
easy and free conversation; for that would blast our har-
mony, and defeat our laudable purposes. Therefore no private
piques or quarrels must be brought within the door of the
Lodge, far less any quarrels about religion, or nations, or
State policy, we being only, as Masons, of the Catholic reli-
gion above mentioned; we are also of all nations, tongues,
kindreds and languages, and are resolved against all 'politics ,
as what never yet conduced to the welfare of the Lodge, nor
ever will. This Charge has been always strictly enjoined and
observed; but especially ever since the Reformation in Bri-
tain, or the dissent and secession of these nations from the
communion of Rome.
3 . — Behavior when Brethren meet without Strangers, hut not in a
Lodge formed.
You are to salute one another in a courteous manner, as
you will be instructed, calling each other Brother, freely
giving mutual instruction as shall be thought expedient,
without being overseen or overheard, and without encroach-
ing upon each other, or derogating from that respect which
is due to any Brother, were he not a Mason: for though all
Masons are as Brethren upon the same Level, yet Masonry
takes no honor from a man that he had before; nay, rather
it adds to his honor, especially if he has deserved well of the
28
PRINCIPLES AND PRACTICE OF
Brotherhood, who must give honor to whom it is due, and
avoid ill manners.
4 . — Behavior in Presence of Strangers not Masons.
You shall be cautious in your words and carriage, that the
most penetrating stranger shall not be able to discover oi
find out what is not proper to be intimated; and sometimes
you shall divert a discourse, and manage it prudently for the
honor of the Worshipful Fraternity.
5 . — Behavior at Home and in your Neighborhood.
You are to act as becomes a moral and wise man, partic-
ularly not to let your family, friends and neighbors know the
concerns of the Lodge, etc., but wisely to consult your own
honor, and that of the Ancient Brotherhood, for reasons not
to be mentioned here. You must also consult your health,
by not continuing together too late, or too long from home,
after lodge hours are past; and by avoiding of gluttony or
drunkenness, that your families be not neglected or injured,
nor you disabled from working.
6 . — Behavior towards a Strange Brother.
You are cautiously to examine him, in such a method as
prudence shall direct you, that you may not be imposed upon
by an ignorant false pretender, whom you are to reject with
contempt and derision, and bew T are of giving him any hints
of knowledge.
But if you discover him to be a true and genuine Brother,
you are to respect him accordingly; and if he is in want, you
must relieve him, if you can, or else direct him how he may
be relieved: You must employ him some days, or else reconi-
MASONIC JURISPRUDENCE.
29
mend him to be employed. But you are not charged to do
beyond your ability, only to prefer a poor Brother, that is a
good man and true, before any other poor people in the same
circumstances
Finally , All these Charges you are to observe, and also
those that shall be communicated to you in another way;
cultivating Brotherly Love, the foundation and cape-stone,
the cement and glory of this ancient Fraternity ; avoiding all
wrangling and quarreling, all slander and backbiting, nor
permitting others to slander any honest Brother, but defend-
ing his character, and doing him all good offices, as far as is
consistent with your honor and safety, and no farther. And
if any of them do you injury, you must apply to your own or
his Lodge, and from thence you may appeal to the Grand
Lodge at the quarterly communication, and from thence to
the Annual Grand Lodge, as has been the ancient laudable
conduct of our forefathers in every nation; never taking a
legal course, but when the case cannot be otherwise decided,
and patiently listening to the honest and friendly advice of
Master and Fellows, when they would prevent your going to
law with strangers, or would excite you to put a speedy
period to all lawsuits, that so you may mind the affair of
Masonry with the more alacrity and success; but with respect
to Brothers or Fellows at law, the Master and Brethren
should kindly offer their mediation, which ought to be thank-
fully submitted to by the contending Brethren; and if that
submission is impracticable, they must, however, carry on
their process, or lawsuit, without wrath and rancor, (not in
30
PRINCIPLES AND PRACTICE OF
the common way,) saying or doing nothing which may hinder
Brotherly Love, and good offices to be renewed and contin-
ued; that all may see the benign influence of Masonry, as all
true Masons have done from the beginning of the world, and
will do to the end of time. Amen. So mote it be.
GENERAL REGULATIONS,
Compiled first by Mr. George Payne, Anno 1720, when he was
Grand Master, and approved by the Grand Lodge on St. John
Baptist’s Day, Anno 1721, at Stationer’s Hall, London; when
the most noble Prince John, Duke of Montagu , was unanimously
chosen our Grand Master for the year ensuing; who chose John
Beal, M. D., his Deputy Grand Master; and Mr. Josiah Ville-
neau and Mr. Thomas Morris, Jun., were chosen by the Lodge
Grand Wardens. And now, by the command of our said Right
Worshipful Grand Master Montagu, the Author of this book has
compared them with, and reduced them to the ancient Records
and immemorial Usages of the Fraternity, and digested them
into this new method, with several proper Explications, for the
use of the Lodges in and about London and Westminster.
I. The Grand Master or his Deputy hath authority and
right not only to be present in any true Lodge, but also to
preside wherever he is, with the Master of the Lodge on his
left hand, and to order his Grand Wardens to attend him,
who are not to act in particular Lodges as Wardens, but in
his presence, and at his command; because there the Grand
Master may command the Wardens of that Lodge, or any
MASONIC JURISPRUDENCE.
31
other Brethren he pleaseth, to attend and act as his Ward-
ens pro tempore.
II. The Master of a particular Lodge has the right and
authority of congregating the members of his Lodge into a
Chapter at pleasure, upon any emergency or occurrence, as
well as to appoint the time and place of their usual forming;
and in case of sickness, death, or necessary absence of the
Master, the Senior Warden shall act as Master pro tempore t
if no Brother is present who has been Master of that Lodge
before ; for in that case the absent Master’s authority reverts
to the last Master then present ; though he cannot act until
the said Senior Warden has once congregated the Lodge, or,
In his absence, the Junior Warden.
III. The Master of each particular Lodge, or one of the
Wardens, or some other Brother by his order, shall keep a
book containing their By-laws, the names of their members,
with a list of all the Lodges in town, and the usual times and
places of their forming, and all their transactions that are
proper to be written.
IY. No Lodge shall make more than five new Brethren
at one time, nor any man under the age of twenty- five, who
must be also his own master, unless by a Dispensation from
the Grand Master or his Deputy.
Y. No man can be made or admitted a member of a par-
ticular Lodge, without previous notice one month before
given to the said Lodge, in order to make due inquiry into
the reputation and capacity of the candidate ; unless by the
Dispensation aforesaid.
YI. But no man can be entered a Brother in any particu-
32
PRINCIPLES AND PRACTICE OF
lar Lodge, or admitted to be a member thereof, without the
unanimous consent of all the members of that Lodge then
present when the candidate is proposed, and their consent is
formally asked by the Master ; and they are to signify their
consent or dissent in their owm prudent way, either virtually
or in form, but with unanimity: Nor is this inherent privi-
lege subject to a Dispensation; because the members of a
particular Lodge are the best judges of it; and if a fractious
member should be imposed on them, it might spoil their har-
mony or hinder their freedom; or even break or disperse
the Lodge, which ought to be avoided by all good and true
Brethren.
VII. Every new Brother at his making is decently to clothe
the Lodge — that is, all the Brethren present — and to deposit
something for the relief of indigent and decayed Brethren, as
the candidate shall think fit to bestow, over and above the
small allowance stated by the By-laws of that particular
Lodge; which charity shall be lodged with the Master or
Wardens, or the cashier, if the members think fit to choose one.
And the candidate shall also solemnly promise to submit to
the Constitutions, the Charges and Regulations, and to such
other good Usages as shall be intimated to them in time and
place convenient.
VIII. No set or number of Brethren shall withdraw or
separate themselves from the Lodge in which they were
made Brethren, or were afterwards admitted members, unless
the Lodge becomes too numerous ; nor even then without a
Dispensation from the Grand Master or his Deputy; and
when they are thus separated, they must either immediately
MASONIC JURISPRUDENCE.
33
join themselves to such other Lodge as they shall like best,
with the unanimous consent of that other Lodge to which they
go, (as above regulated,) or else they must obtain the Grand
Master’s Warrant to join in forming a new lodge.
If any set or number of Masons shall take upon themselves
to form a Lodge without the Grand Master’s Warrant, the
regular lodges are not to countenance them, nor own them
as fair Brethren and duly formed, nor approve of their acts
and deeds; but must treat them as rebels, until they humble
themselves, as the Grand Master shall in his prudence direct,
and until he approve of them by his Warrant, which must be
signified to the other lodges, as the custom is when a new
lodge is to be registered in the List of Lodges .
IX. But if any Brother so far misbehave himself as to ren-
der his Lodge uneasy, he shall be twice duly admonished by
the Master or Wardens in a formed lodge; and if he will not
refrain his imprudence, and obediently submit to the advice
of the Brethren, and reform what gives them offence, he shall
be dealt with according to the By-laws of that particular
Lodge, or else in such a manner as the Quarterly Communi-
cation shall in their great prudence think fit; for which a new
Regulation may be afterwards made.
X. The majority of every particular lodge, when congre-
gated, shall have the privilege of giving instructions to their
Master and Wardens, before the assembling of the Grand
Chapter or Lodge, at the three Quarterly Communications
hereafter mentioned, and of the Annual Grand Lodge too;
because their Masters and Wardens are their representatives,
and are supposed to speak their mind.
34
PRINCIPLES AND PRACTICE OF
XI. All particular lodges are to observe the same Usages
as much as possible; in order to which, and for cultivating a
good understanding among Freemasons, some members out
of every lodge shall be deputed to visit the other lodges as
often as shall be thought convenient.
XII. The Grand Lodge consists of,- and is formed by the
Masters and Wardens of all the regular particular lodges
upon record, with the Grand Master at their head, and his
Deputy on his left hand, and the Grand Wardens in their
proper places, and must have a Quarterly Communication
about Michaelmas, Christmas, and Lady-day, in some con-
venient place, as the Grand Master shall appoint, where no
Brother shall be present who is not at that time a member
thereof, without a Dispensation; and while he stays, he shall
not be allowed to vote, nor even give his opinion, without
leave of the Grand Lodge, asked and given, or unless it be
duly asked by the said lodge.
All matters are to be determined in the Grand Lodge by
a majority of votes, each member having one vote, and the
Grand Master having two votes, unless the said lodge leave
any particular thing to the determination of the Grand
Master for the sake of expedition.
XIII. At the said Quarterly Communication, all matters
that concern the Fraternity in general, or particular Lodges,
or single Brethren, are quietly, sedately, and maturely to be
discoursed of and transacted: Apprentices must be admitted
Masters and Fellow Craft only here, unless by a Dispensation.
Here also all differences that cannot be made up and accom-
modated privately, nor by a particular Lodge, are to be seri-
MASONIC JURISPRUDENCE.
35
ously considered and decided: And if any Brother thinks
himself aggrieved by the decision of this Board, he may ap-
peal to the Annual Grand Lodge next ensuing, and leave his
appeal in writing with the Grand Master, or his Deputy, or
the Grand Wardens.
Here, also, the Master or the Wardens of each particular
Lodge shall bring and produce a list of such members as
have been made, or even admitted, in their particular lodges
since the last communication of the Grand Lodge: and there
shall be a book kept by the Grand Master or his Deputy, or
rather by some brother whom the Grand Lodge shall appoint
for Secretary, wherein shall be recorded all the Lodges , with
their usual times and places of forming, and the names of all
the members of each Lodge; and all the affairs of the Grand
Lodge that are proper to be written.
They shall also consider of the most prudent and effectual
methods of collecting and disposing of what money shall be
given to or lodged with them in Charity, towards the relief
only of any true Brother fallen into poverty or decay, but of
none else: But every particular Lodge shall dispose of their
own Charity for poor Brethren, according to their own By-
laws, until it be agreed by all the lodges (in a new Regula-
tion) to carry in the Charity collected by them to the Grand
Lodge, at the Quarterly or Annual Communication, in order
to make a common stock of it, for the more handsome relief
of poor Brethren.
They shall also appoint a Treasurer, a Brother of good
worldly substance, who shall be a member of the Grand
Lodge by virtue of his office, and shall be always present,
36
PRINCIPLES AND PRACTICE OF
and have power to move to the Grand Lodge anything, espe-
cially what concerns his office. To him shall be committed all
money raised for Charity, or for any other use of the Grand
Lodge, which he shall write down in a book, with the respect-
ive ends and uses for which the several sums are intended; and
shall expend and disburse the same by such a certain order
signed, as the Grand Lodge shall afterwards agree to in a
new Regulation: But he shall not vote in choosing a Grand
Master or Wardens, though in every other transaction. As
in like manner the Secretary shall be a member of the Grand
Lodge by virtue of his office, and vote in everything, except
in choosing a Grand Master or Wardens.
The Treasurer and Secretary shall have each a clerk, who
must be a Brother and Fellow r Craft, but never must be a
member of the Grand Lodge, nor speak without being allowed
or desired.
The Grand Master, or his Deputy, shall always command
the Treasurer and Secretary, with their clerks and books, in
order to see how matters go on, and to know what is expe-
dient to be done upon any emergent occasion.
Another Brother (who must be a Fellow Craft) should be
appointed to look after the door of the Grand Lodge, but
shall be no member of it.
But these offices may be farther explained by a new Reg-
ulation, when the necessity and expediency of them may
more appear than at present to the Fraternity.
XIY. If at any Grand Lodge, stated or occasional, quar-
terly or annual, the Grand Master aud his Deputy should be
both absent, then the present Master of a Lodge, that has
MASONIC JURISPRUDENCE.
37
been the longest a Freemason, shall take the chair, and pre-
side as Grand Master pro tempore, and shall be vested with
all his power and honor for the time: provided there is no
Brother present that has been Grand Master formerly, or
Deputy Grand Master; for the last Grand Master present,
or else the last Deputy present, should always of right take
place in the absence of the present Grand Master and his
Deputy.
XY. In the Grand Lodge none can act as Wardens but
the Grand Wardens themselves, if present; and, if absent,
the Grand Master, or the person who presides in his place,
shall order private Wardens to act as Grand Wardens pro
tempore , whose places are to be supplied by two Fellow Craft
of the same Lodge, called forth to act, or sent thither by the
particular Master thereof ; or if by him omitted, then they
shall be called by the Grand Master, that so the Grand Lodge
may be always complete.
XYI. The Grand W ardens, or any others, are first to advise
with the Deputy about the affairs of the Lodge or of the
Brethren, and not to apply to the Grand Master without the
knowledge of the Deputy, unless he refuse his concurrence in
any certain necessary affair; in which case, or in case of any
difference between the Deputy and the Grand Wardens, or
other Brethren, both parties are to go by concert to the Grand
Master, who can easily decide the controversy and make up
the difference by virtue of his great authority.
The Grand Master should receive no intimation of business
concerning Masonry but from his Deputy first, except in such
certain cases as his Worship can well judge of; for if the
38
PRINCIPLES AND PRACTICE OF
application to the Grand Master be irregular, he can easily
order the Grand Wardens, or any other Brethren thus apply-
ing, to wait upon his Deputy, who is to prepare the business
Epeedily, and to lay it orderly before his Worship.
XVII. No Grand Master, Deputy Grand Master, Grand
Wardens, Treasurer, Secretary, or whoever acts for them, or
in their stead pro tempore, can at the same time be the Master
or Warden of a particular Lodge; but as soon as any of
them has honorably discharged his Grand Office, he returns
to that post or station in his particular Lodge, from which
he was called to officiate above.
XVIII. If the Deputy Grand Master be sick, or necessarily
absent, the Grand Master may choose any Fellow Graft he
please to be his Deputy pro tempore: But he that is chosen
Deputy at the Grand Lodge, and the Grand Wardens too,
cannot be discharged without the cause fairly appear to the
majority of the Grand Lodge; and the Grand Master, if he
is uneasy, may call a Grand Lodge on purpose to lay the
cause before them, and to have their advice and concurrence:
in which case, the majority of the Grand Lodge, if they cannot
reconcile the Master and his Deputy or his Wardens, are to
concur in allowing the Master to discharge his said Deputy
or his said Wardens, and to choose another Deputy immedi-
ately; and the said Grand Lodge shall choose other Wardens
in that case, that harmony and peace may be preserved.
XIX. If the Grand Master should abuse his power, and
render himself unworthy of the obedience and subjection of
the Lodges, he shall be treated in a way and manner to be
agreed upon in a new Regulation; because hitherto the An-
MASONIC JURISPRUDENCE.
39
cient Fraternity have had no occasion for it, their former
Grand Masters having all behaved themselves worthy of that
honorable office.
XX. The Grand Master, with his Deputy and Wardens,
shall (at least once) go round and visit all the Lodges about
town during his mastership.
XXI. If the Grand Master die during his mastership, or
by sickness, or by being beyond sea, or any other way should
be rendered incapable of discharging his office, the Deputy,
or, in his absence, the Senior Grand Warden, or, in his ab-
sence, the Junior, or, in his absence, any three present Mas-
ters of Lodges, shall join to congregate the Grand Lodge
immediately, to advise together upon that emergency, and
to send two of their number to invite the last Grand Master
to resume his office, which now in course reverts to him;
or, if he refuse, then the next last, and so backward. But
if no former Grand Master can be found, then the Deputy
shall act as Principal until another is chosen; or, if there be
no Deputy, then the oldest Master.
XXII. The Brethren of all the Lodges in and about
London and Westminster shall meet at an Annual Communi-
cation and Feast , in some convenient place, on St. John Bap-
tist's Day, or else on St. John Evangelist's Day, as the Grand
Lodge shall think fit by a new Regulation , having of late years
met on St. John Baptist’s Day: Provided,
The majority of the Masters and Wardens, with the Grand
Master, his Deputy and Wardens, agree at their Quarterly
Communications, three months before, that there shall be a
Feast and a General Communication of all the Brethren: For
40
PRINCIPLES AND PRACTICE OF
if either the Grand Master, or the majority of the particular
Masters, are against it, it must be dropped for that time.
But whether there shall be a Feast for all the Brethren or
not, yet the Grand Lodge must meet in some convenient
place annually on St. John’s Day; or, if it be Sunday, then
on the next day, in order to choose every year a new Grand
Master, Deputy and Wardens.
XXIII. If it be thought expedient, and the Grand Master,
with the majority of the Masters and Wardens, agree to hold
a Grand Feast, according to the ancient laudable custom of
Masons, then the Grand Wardens shall have the care of pre-
paring the tickets, sealed with the Grand Master’s seal, of
disposing of the tickets, of receiving the money for the
tickets, of buying the materials of the Feast, of finding out
a proper and convenient place to feast in, and of every other
thing that concerns the entertainment.
But, that the work may not be too burdensome to the two
Grand Wardens, and that all matters may be expeditiously
and safely managed, the Grand Master or his Deputy shall
have power to nominate and appoint a certaiu number of
Stewards, as his Worship shall think fit, to act in concert
with the two Grand Wardens; all things relating to the Feast
being decided amongst them by a majority of voices, except
the Grand Master or his Deputy interpose by a particular
direction or appointment.
XXIY. The Wardens and Stewards shall in due time wait
upon thfc Grand Master or his Deputy for directions and
orders about the premises ; but if his Worship and his
Deputy are sick, or necessarily absent, they shall call together
MASONIC JURISPRUDENCE.
41
the Masters and Wardens of Lodges to meet on purpose for
their advice and orders; or else they may take the matter
wholly upon themselves, and do the best they can.
The Grand Wardens and the Stewards are to account for
all the money they receive, or expend, to the Grand Lodge,
after dinner, or when the Grand Lodge shall think fit to
receive their accounts.
If the Grand Master pleases, he may in due time summon
all the Masters and Wardens of Lodges, to consult with them
about ordering the Grand Feast, and about any emergency
or accidental thing relating thereunto, that may require
advice, or else to take it upon himself altogether.
XXV. The Masters of Lodges shall each appoint one expe-
rienced and discreet Fellow Craft of his Lodge, to compose a
committee, consisting of one from every Lodge, who shall
meet to receive, in a convenient apartment, every person
that brings a ticket, and shall have power to discourse him,
if they think fit, in order to admit him or debar him, as they
shall see cause : Provided they send no man away before they
have acquainted all the Brethren within doors with the rea-
sons thereof, to avoid mistakes; that so no true Brother may
be debarred, nor a false brother or mere pretender admitted.
This committee must meet very early on St. John’s Day at the
place, even before any persons come with tickets.
XXVI. The Grand Master shall appoint two or more
trusty Brethren to be porters or door-keepers, who are also
to be early at the place, for some good reasons, and who arc
to be at the command of the committee.
XXVII. The Grand Wardens or the Stewards shall ap-
42
PRINCIPLES AND PRACTICE OF
point beforehand such a number of brethren to serve at table
as they think fit and proper for that work; and they may
advise with the Masters and Wardens of Lodges about the
most proper persons, if they please, or may take in such by
their recommendation; for none are to serve that day but
Free and Accepted Masons, that the communication may be
free and harmonious.
XXVIII. All the members of the Grand Lodge must be
at the place long before dinner, with the Grand Master or
his Deputy at their head, who shall retire, and form them-
selves. And this is done in order —
1. To receive any appeals, duly lodged, as above regulated,
that the appellant may be heard, and the affair may be ami-
cably decided before dinner, if possible; but if it cannot, it
must be delayed till after the new Grand Master is elected;
and if it cannot be decided after dinner, it may be delayed,
and referred to a particular committee, that shall quietly
adjust it, and make report to the next Quarterly Communi-
cation, that Brotherly Love may be preserved.
2. To prevent any difference or disgust which may be feared
to arise that day, that no interruption may be given to the
harmony and pleasure of the Grand Feast.
3. To consult about whatever concerns the decency and
decorum of the Grand Assembly, and to prevent all inde-
cency and ill manners, the assembly being promiscuous.
4. To receive and consider of any good motion, or any
momentous and important affair, that shall be brought from
the particular lodges by their representatives, their several
Masters and Wardens.
MASONIC JURISPRUDENCE.
43
XXIX. After these things are discussed, the Grand Mas-
ter and his Deputy, the Grand Wardens or the Stewards, the
Secretary, the Treasurer, the clerks, and every other person
shall withdraw, and leave the Masters and W ardens of the
particular lodges alone, in order to consult amicably about
electing a new Grand Master, or continuing the present, if
they have not done it the day before ; and if they are unani-
mous for continuing the present Grand Master, his Worship
shall be called in, and humbly desired to do the Fraternity
the honor of ruling them for the year ensuing: And after
dinner it will be known whether he accepts of it or not: for
it should not be discovered but by the election itself.
XXX. Then the Masters and Wardens, and all the Breth-
ren, may converse promiscuously, or as they please to sort
together, until the dinner is coming in, when every Brother
takes his seat at table.
XXXI. Some time after dinner, the Grand Lodge is form-
ed, not in the retirement, but in the presence of all the
Brethren, who yet are not members of it, and must not
therefore speak until they are desired and allowed.
XXXII. If the Grand Master of last year has consented
with the Master and Wardens in private, before dinner, to
continue for the year ensuing, then one of the Grand Lodge,
deputed for that purpose, shall represent to all the Brethren
his Worship’s good government, etc. And, turning to him,
shall, in the name of the Grand Lodge, humbly request him
to do the Fraternity the great honor, (if nobly born, if not,)
the great kindness of continuing to be their Grand Master for
Jie year ensuing. And his Worship declaring his consent by
44
PRINCIPLES AND PRACTICE OF
a bow or a speech, as lie pleases, the said deputed member
of the Grand Lodge shall proclaim him Grand Master, and
all the members of the Lodge shall salute him in due form.
And all the Brethren shall for a few minutes have leave to
declare their satisfaction, pleasure, and congratulation.
XXXIII. But if either the Master and Wardens have not
in private, this day before dinner, nor the day before, desired
the last Grand Master to continue in the mastership another
year; or if he, when desired, has not consented; then
The last Grand Master shall nominate his successor for
the year ensuing, who, if unanimously approved by the
Grand Lodge, and, if there present, shall be proclaimed,
saluted, and congratulated the new Grand Master, as above
hinted, and immediately installed by the last Grand Master,
according to Usage.
XXXIY. But if that nomination is not unanimously ap-
proved, the new Grand Master shall be chosen immediately
by ballot, every Master and Warden writing his man’s name,
and the last Grand Master writing his man’s name too; and
the man whose name the last Grand Master shall first take
out, casually or by chance, shall be Grand Master for the
year ensuing; and, if present, he shall be proclaimed, saluted,
and congratulated, as above hinted, and forthwith installed
by the last Grand Master, according to Usage.
XXXY. The last Grand Master thus continued, or the
new Grand Master thus installed, shall next nominate and
appoint his Deputy Grand Master, either the last or a new
one, who shall be also declared, saluted, and congratulated,
as above hinted.
MASONIC JURISPRUDENCE.
45
The Grand Master shall also nominate the new Grand
"Wardens, and, if unanimously approved by the Grand Lodge,
shall be declared, saluted, and congratulated, as above hinted;
but if not, they shall be chosen by ballot, in the same way as
the Grand Master: As the Wardens of private lodges are
also to be chosen by ballot in each Lodge, if the members
thereof do not agree to their Master's nomination.
XXXYI. But if the Brother whom the present Grand
Master shall nominate for his successor, or whom the majority
of the Grand Lodge shall happen to choose by ballot, is, by
sickness or other necessary occasion, absent from the Grand
Feast, he cannot be proclaimed the new Grand Master, unless
the old Grand Master, or some of the Masters and Wardens
of the Grand Lodge can vouch, upon the honor of a brother,
that the said person, so nominated or chosen, will readily
accept of the said office ; in which case the old Grand Master
shall act as proxy, and shall nominate the Deputy and Ward-
ens in his name, and in his name also receive the usual hon-
ors, homage, and congratulation.
XXXYII. Then the Grand Master shall allow any Brother,
Fellow Craft, or Apprentice to speak, directing his discourse
to his Worship; or to make any motion for the good of the
Fraternity, which shall be either immediately considered and
finished, or else referred to the consideration of the Grand
Lodge at their next communication, stated or occasional.
When that is over,
XXXYIII. The Grand Master or his Deputy, or some
Brother appointed by him, shall harangue all the Brethren,
and give them good advice: And, lastly, after some other
46
PRINCIPLES AND PRACTICE OF
transactions, that cannot be written in any language, the
Brethren may go away or stay longer, as they please.
XXXIX. Every Annual Grand Lodge has an inherent
power and authority to make new Regulations, or to alter
these, for the real benefit of this ancient Fraternity: Provided
always that the old Landmarks be carefully preserved, and that
such alterations and new Regulations be proposed and agreed
to at the third quarterly communication preceding the Anuual
Grand Feast; and that they be offered also to the perusal of
all the Brethren before dinner, in writing, even of the youngest
Apprentice; the approbation and consent of the majority of
all the Brethren present being absolutely necessary to make
the same binding and obligatory; which must, after dinner,
and after the new Grand Master is installed, be solemnly de-
sired ; as it was desired and obtained for these Regulations,
when proposed by the Grand Lodge, to about 150 Brethren,
on St. John Baptist’s Day, 1721.
“With tlie authorities here given, the Constitutions
of his Grand Lodge, and the By-laws of the Lodge
which he governs, the Master ought to be able to
solve most, if not all, of the questions that present
themselves in the ordinary course of events.
In the succeeding chapters we shall endeavor to
demonstrate their application to the prominent top-
ics of the institution.
\ ft R A Rp
" Of THE
UNIVERSITY
Vj^LIFORji^
CHAPTER II.
Spates Hiding U tadirnds*
SECTION I. - QUALIFICATIONS.
Masonry, like society in general, is an aggregate
of individuals, and exercises, as a body, the sover-
eignty primarily invested in the individual Masons.
The source of power being in the people, it is im-
portant to consider who are the proper persons to
be admitted among us, and the qualifications which
are indispensable to the success of an application
for admission.
The applicant must be free-born , “having no maim
or defect in his body, that may render him uncapable
of learning the art, and being made a brother.”
He must be of lawful age; that is, at least twenty-
one years ; nor can any authority change or remove
this requirement. It is the custom in Europe to
admit the son of a Mason, who is called a leivis or
louveteaUy and members of the royal family, at the age
of eighteen ; but in this country we regard Masonry
as of too serious a character to be intrusted to boys,
and hence we follow the rule in its integrity.
He must be under the tongue of good report; that is
to say, of good moral character and standing in the
48
PRINCIPLES AND PRACTICE OF
community, and have a visible and honorable means
of obtaining a livelihood for himself and those who
may be dependent upon him.
He must acknowledge and declare his hdief in the
existence of a Supreme Being , and a future state of
existence ; and that not only does he seek admission
of his own free will and accord, but that he is not in-
cited thereto by the solicitation of friends, nor by the
inducement of mercenary or other unworthy motives.
He must be a resident of the place in which he
seeks to be initiated. In other countries than our
own, this law is not acknowledged, and, indeed, it is
to be admitted that until about the year 1848 it was
unknown here. The regulation is now, however, in
force throughout the United States — exceptions being
generally made in the case of mariners in the actual
practice of their profession, and officers in the mili-
tary or naval service of the general government — and
has arisen from the necessities of our contiguous
jurisdictions ; the increase of lodges often bringing
those of neighboring States in close proximity to the
line on either side, which, together with the facilities
of travel, have often given rise to unpleasant feelings
between the brethren, by the working up in one juris-
diction of material belonging to another. The great
evil of the indiscriminate making of Masons without
regard to their place of residence, has been the facil-
MASONIC JURISPRUDENCE.
49
ity thus afforded to men who had no characters to
lose at home, going abroad, and palming themselves
off on some new-found acquaintance as suitable can-
didates for the honors of Masonry; obtaining, by
indirection, what would have been promptly refused
them where they were known, and thus committing a
fraud upon the Craft. For this, and for other reasons
that will appear in their proper place, the law has
become general that a man can only be initiated in
the lodge nearest his place of residence, within the
Masonic jurisdiction in which he has his legal home.
He should have a fixed and steady purpose in his
own mind that, in uniting himself with the Masonic
fraternity, thus becoming part of an association dating
in principle from the earliest civilization, and always
found engaged in the endeavor to enfranchise the
spirit of man from the bonds of ignorance and error,
he does so with a desire to extend the sphere of his
own usefulness, and to derive happiness from the
effort to increase the happiness of others. He should
consider that in a society existing wherever civiliza-
tion extends, and embracing within its membership
men of every station in life, there must necessarily
be some with whom he would not willingly associate ;
and yet, once received, they will be his brethren, and
have the right to claim his assistance and protection,
should they be in distress from legitimate causes,
3
50
PRINCIPLES AND PRACTICE OF
and thus he must be prepared to exercise the virtue
of self-abnegation.
He should also understand that, as a Mason, it
will be his duty to examine into and study the history
and ethics of the society, that he may be prepared
to discharge the functions and duties that may be
laid upon him, from which it follows that he should
have received at least a moderate degree of mental
culture ; be capable of reading, that he may enrich
his own mind ; of writing, that he may communicate
his thoughts to others, and thus help to increase the
general store of knowledge, not hiding his light under
a bushel, nor remaining satisfied to be a hewer of
wood and drawer of water, but striving to improve
the talent committed to him, for his own advance-
ment and that of the fraternity.
The candidate, thus qualified, proceeds in the steps
necessary to his acceptance and subsequent progress,
by subscribing to, and causing to be presented to the
nearest Lodge, his petition, which we now proceed to
consider.
SECTION II. -THE PETITION.
It was the custom in olden times — and the rule is
still in force, though sadly neglected — that a person
desirous of being made a Mason should present a
petition to the Lodge in which he desired to be ini-
tiated. In many lodges, the practice now is, for a
MASONIC JURISPRUDENCE. 51
member to rise in bis place, and say, “ I propose Mr.
for initiation in this Lodge or the name of
the candidate, with bis age, occupation, etc., is banded
to tbe Secretary, in which case tbe formula is varied
by bis saying, “ Brother Blank proposes Mr ,”
etc. This is not only a loose way of doing business,
but is positively unmasonic ; because it has always
been required that tbe candidate should present a
petition, signed with bis full name, and recommended
by two brethren, as an evidence that tbe act was one
of bis own free-will, and with a distinct understand-
ing of what be proposed to do. The document itself
should be preserved in tbe archives of the Lodge, as
an evidence of tbe jurisdiction acquired by the Lodge
in tbe premises. It may be in tbe following or some
similar form :
11 To the, Worshipful Master , Wardens and Brethren of
Lodge , No , of Free and Accepted Masons.
“The undersigned petitioner respectfully sheweth, that
having long entertained a favorable opinion of your ancient
institution, he now voluntarily offers himself as a candidate
for initiation and membership in your Lodge. He is
years of age; his occupation ; resides
(Signed) “A. B.”
RECOMMENDED BY
Bro
Bro
62
PRINCIPLES AND PRACTICE OF
This petition* must be read at a stated meeting of
the Lodge : no business relating to the petition of or
ballot for a candidate can be transacted at a special
meeting. The reason for this is found in the Fifth
and Sixth of the Thirty-nine Articles cited in the
preceding chapter, namely, that all the brethren may
have timely notice, and, by inquiry into the character
and habits of the petitioner, be prepared to prevent
a fractious or unwholesome member being imposed
upon the Lodge. If it is decided to receive the peti-
tion, it is then entered upon the record, and referred
to a committee for investigation. It has now become
the property of the Lodge, and cannot be withdrawn,
but must take the usual course by report of committee
and ballot. It is the duty of the committee not only
to satisfy themselves that the candidate is in posses-
sion of the necessary qualifications, but that he has
not previously been rejected by any other Lodge ; for
in that case, he could not be received (without the
consent of the rejecting Lodge, and not even then,)
till after the lapse of a certain time provided for in
* In the majority of lodges it is required that the petition should
be accompanied by a fee — usually five dollars — as an earnest of the
sincerity of the petitioner. It has been decided, however, that the
money so deposited does not become the property of the lodge till
action has been taken on the petition, the understanding being
that, in case of rejection, the fee shall be returned. — 0. L. of K
Y. t 1859.
MASONIC JURISPRUDENCE.
53
the local regulations of the several Grand Lodges — •
six months in some, one year in others. The reason
for this may be found in the Fifth of the Ancient
Charges : — “ None shall discover envy at the pros-
perity of a brother, nor supplant him, or put him out
of his work, if he be capable to finish the same ; for
no man can finish another’s work so much to the
Lord’s profit, unless he be thoroughly acquainted with
the designs and draughts of him that began it.”
Practically, however, it arises from the necessities of
multiplied lodges and jurisdictions. Its intention is,
not only to preserve harmony among the lodges, but
to shield the Craft against the wiles of improper per-
sons, determined to force themselves upon it at all
hazards. In ninety-nine cases out of a hundred, the
rejected candidate and his friends feel that a grievous
injustice has been done him, and, in the spirit of
human nature, set about the discovery of some means
of retaliation. Without stopping to point out the
unjustifiable and unmasonic nature of such proceed-
ings, it is only necessary to say, that although, in
some cases, there may be injustice — for Masons are
not devoid of fadings — it must not be forgotten that
the ballot, being “ strictly and inviolably secret,” we
cannot lawfully inquire into the cause of rejection,
and can, therefore, only deal with it as a fact for
which we are not responsible. Moreover, it is always
54
PRINCIPLES AND PRACTICE OF
of greater importance that the Craft should be pro-
tected against the admission of improper material,
and that peace and harmony should be preserved in
the Lodge, than it is that any man, however distin-
guished, should be admitted to its privileges ; hence
the legal delay can never work harm, nor can there
be any shadow of injustice in allowing the Lodge to
which the application w T as first made, and that thus
acquired jurisdiction, to retain it, till time and inves-
tigation shall have convinced them of the propriety
of their first act, or of its reversal, on the presenta-
tion of a new petition. Mistakes are common to all
men and bodies of men, and it does sometimes hap-
pen that a black ball is cast in error, as in a case of
mistaken identity; but this does not alter the fact
of the rejection, nor is there any remedy but the
presentation of a new petition wdien the proper time
has arrived. In this connection it is proper to re-
mark, that the candidate, w T hen waited upon by the
committee, must — as the lawyers say — w r ell and truly
answer all questions that may be put to him touching
the matter in hand ; for it is a well-settled principle
that a Mason may be disciplined for an offence com-
mitted previous to his initiation, a knowledge of which
was willfully concealed at the time of his making. —
( G . L. of JSF. Y., 1861.) Thus, a person who had
applied to a lodge, and been rejected, and who, on
MASONIC JURISPRUDENCE.
55
his application to another lodge, concealed that fact,
might, and ought to he disciplined for the deception
so practiced ; for although, as a profane, he was not
amenable to Masonic law, he was bound to act as an
honest man, in whose lexicon false pretences have
no place.
SECTION III. -THE BALLOT.
Assuming the committee to have made its report,
favorable or otherwise, the next step is the ballot,
which is now the universal method by which the
brethren express their acceptance or rejection of a
candidate ; for the ancient regulations do not specify
any particular mode of voting, but only that it shall
be done prudently and with unanimity. The first
and most important consideration in connection with
the ballot is, that it shall not be taken till one month
after the reception of the petition. We are aware
that the practice is to ballot, in most lodges, at the
expiration of two weeks, and in some cases one weelc,
which is in accordance with the local regulations of
many Grand Lodges, the letter of such regulations
being, that “ a petition for initiation or affiliation can
only be received at a stated communication, and
must be laid over till the following one ; which cor-
rectly answered the requirements when lodges met
but once a month ; but now, when nine lodges out of
ten meet twice in each month, and many four times.
56
PRINCIPLES AND PRACTICE OF
the letter may still be adhered to, but the spirit is
certainly violated. The ancient rule, to be found in
the General Regulations of 1721, that “ no man can
be made or admitted a member of a particular lodge
without previous notice, one month before given to
the said lodge,” is still in force ; and, if not abso-
lutely a landmark, is at all events a law of universal
acceptance and observance, except in the United
States. The Constitution of New York (to which we
refer because we are best acquainted with it) cites,
as a landmark, that “ a candidate must be proposed
in open lodge, at a stated meeting, and can only be
accepted at a stated meeting following nothing
being said of the lapse of “ one month,” found in the
old regulation above quoted, from "which it professes
to be taken ; but in 1858 the Grand Master decided
that a proposition for honorary membership must he
over for one month. Now, if the empty privileges of
honorary membership require a month’s considera-
tion on the part of the lodge conferring them, surely
the important act of receiving a profane into active
membership ought, at least, to be as maturely con-
sidered. A majority of the Grand Lodges we are,
however, happy to say, enforce the rule in its integ-
rity, and that they are right in so doing, there can
be no question.
There must he a hallo * : for it is the right of every
MASONIC JURISPRUDENCE.
57
member to express his acquiescence in the admission
of the petitioner, or his refusal of that admission, as
his judgment may dictate ; and that, too, with entire
independence of any responsibility, save that due to
his own conscience. If it be held that an unfavora-
ble report is equivalent to a rejection, and that there
is no need of a ballot, by a parity of reasoning it
might be said that a favorable report insures an elec-
tion, and thus do away with the ballot altogether.
The ballot must be unanimous . — In Europe the prac-
tice is, to require three or more negative ballots for a
rejection ; but as the oldest law we know of requires
unanimity, and we desire to “ stand on the old ways,”
our rule is, that without unanimity, no candidate can
be accepted.
All the Brethren present must vote . — In so important
a matter as the admission of a new member, it is
evident that all present should participate, because
it is the duty of every member to see that, so far as
his influence goes, no unworthy person is admitted
to membership ; because, if only a portion of the
members vote, the old regulation, requiring the unan-
imous consent of all present, cannot be complied with.
It is true, that by unanimous consent a Brother may
be excused from voting, but, in that case, the Lodge
assumes the responsibility, and it is no longer the
act of a single individual.
58
PRINCIPLES AND PRACTICE OF
The ballot must be secret. — Without this indispensa-
ble quality, its purity and independence cannot bo
preserved ; hence it is that no Brother has a right
to expose the manner of his ballot, or to make
known afterward how he has voted; for otherwise
the harmony of the Lodge would bo disturbed, and
the conscientious restriction that now rests upon
every Brother as he approaches the ballot-box would
be removed. The exposure of the ballot may, under
certain circumstances, be made a cause for discipline.
The ballot cannot be unreasonably postponed . — That
is, in the ordinary course of affairs, a motion to post-
pone the ballot should not be entertained, because,
in that case, some brother may be deprived of his
right, and ultimately an unworthy or “fractious mem-
ber be imposed on them.” But for reasonable cause,
a ballot might be postponed, though not to a distant
period of time.
An unfavorable ballot cannot be reconsidered. — When
after the usual course the ballot is pronounced unfa-
vorable, the petition must also be declared rejected,
and that is the end of it until the regulations of the
Grand Lodge allow its presentation anew. Hence,
no motion to reconsider can be entertained ; but if,
before the declaration of the state of the ballot, and
before any of the brethren participating in it shall
have left the Lodge, the Master, to avoid the possi-
MASONIC JURISPRUDENCE.
59
bility of mistake, or for other reasons, which to his
judgment seem proper, shall see fit to cause it to be
passed again, or even a third time, it is his undoubted
prerogative to do so, though it is recommended that if,
on the second ballot, the result still appear unfavor-
able, it should then cease, and the formal declaration
be made.
When the ballot is held on an application for affil-
iation, the same rules apply, but there is no delay
required in the presentation of a new application.
In such case, however, the Master should cause the
petition to lie over at least one regular meeting, that
all the Brethren may have an opportunity to express
their wishes. It will also be understood that although
a petition may be presented at any time, the Lodge
may always decide whether it will or will not receive it.
It is now generally admitted that a ballot for each
degree is an undeniable right when demanded ; but
when the ballot for the first degree has been had, the
Lodge may refuse another for that degree, unless
cause be shown. Although, in regard to the last
position, such is the decision (several times affirmed)
of our mother Grand Lodge, we cannot, after mature
reflection, say that we approve it. The old regula-
tion says, that “no man can be entered a brother in
any particular Lodge, or be admitted a member
thereof, without the unanimous consent of all the
60
PRINCIPLES AND PRACTICE OP
members of that Lodge, then present when the can-
didate is proposed , and their consent is formally asked
by the Master.” There is, we think, a misunderstand-
ing as to the purport of the word “proposed,” — it
being generally taken in its modern sense, with refer-
ence to the first proposition, or, more properly, pre-
sentation of the petition, and not to the actual making.
But we have already shown that the present fashion
of proposing a candidate is of modem origin, and,
like many similar innovations, has crept into our
lodges with the initiation of persons previously afiil-
iated in other associations. The proposition here
referred to is, beyond doubt, that made by the Mas-
ter when the candidate, having petitioned for initia-
tion, the petition having been received, and referred
to the usual committee, the committee having report-
ed, and the ballot having proved favorable, and the
candidate having presented himself for initiation, he
asks the formal consent of the Lodge to proceed to
that ceremony. Under these circumstances, it would
clearly be the right of any brother to object to fur-
ther proceeding, and the objection w r ould have to be
respected ; otherwise the harmony of the Lodge would
be destroyed and a brother be offended, and perhaps
driven out of the Lodge, for the sake of a profane.
Such is the almost universal decision of the authori-
ties in the United States, and we agree with them.
MASONIC JURISPRUDENCE.
61
The ballot is of such paramount importance, that,
in concluding this chapter, we trust to be pardoned
for detaining the reader with a few considerations
connected with the use of the black ball. The nega-
tive ballot has been aptly termed the palladium of
Masonry ; for on its discreet use the institution relies
as a safeguard against the unworthy, who seek ad-
mission to our temples for purposes utterly foreign
to the designs laid down upon the original trestle-
boards of the Craft. The more popular Masonry
becomes, the greater will be the number of the pro-
fane, finding much in it to admire, nothing to condemn,
and everything to gain by affiliation with it ; and the
greater will be the necessity for some one in each
Lodge to stand guard over the sanctuary, armed with
an instrument that shall execute his will,
“As lightning does the will of God.”
Such, in the hands of a true and trusty brother, is
the black-ball. Well would it be for Masonry if no
others used it ; well would it be for Masons if they
could school their minds to a rigid respect for its
appearance in the ballot, even though a brother were
passing the ordeal. To these causes, more than all
others, may be traced the difficulties that arise in
Lodges : the scandal, the heart-burnings, the shame,
that so often attend on personal quarrels, pursued to
the bitter end with all the spiteful animosity arising
62
PRINCIPLES AND PRACTICE OE
from real or fancied injury. In the first place, then,
it may be said that none but discreet brethren should
assume to use this potent agent for good or evil, as
the case may be : or perhaps it were better to say,
that none should use it, but with the utmost discre-
tion, as an act of conscience, in the execution of
which, not even the dearest friend — no consideration
of personal advantage — no fear of injury or ill-will —
should for a moment be allowed to come ; that, above
all, it should not be used in a spirit of levity, nor
from the desire to gratify a personal pique either
against the petitioner or his friends ; for in most cases
where passion is allowed to rule, the smirk of satis-
fied malevolence betrays the secret. The adverse
party, in the heat of disappointment, will seek a
counter-revenge, and thus the fire being lighted, it
will — as it has done — devastate the entire lodge, and
scatter its membership, never again to be reunited.
But, on the other hand, when the humblest brother
knows that an applicant is unfit to be invested with
the high prerogatives of the Fraternity, he should
veto his admission without fear or favor. It would
seem, however, that less danger is to be apprehended
from the improper use of the ballot, than from the
refusal of those immediately interested in the result to
submit quietly to the action of the Lodge in refusing
to admit to the privileges of Masonry one who, to
them, may be a near and dear friend, but, to others.
MASONIC JURISPRUDENCE.
63
a manifestly improper person. Consequently, we
may with propriety assert, that the duty of submission
to the award of the brethren is even more important
than the correct discharge of duty at the ballot-box.
No man has a right to admission into the Craft, and
his acceptance is, therefore, a favor granted, and not
a right conceded. Why, then, should we feel ag-
grieved if, for good reasons, (for we are bound to
believe that whoever uses the negative ballot does so
with a firm conviction of the justice of his act,) the
Lodge choose not to receive our friend among its
members? or because all men do not place the same
estimate upon him that we do? Reflection must
convince us that such action cannot be justified, and
that it is better to submit in silence to what we be-
lieve to be a wrong, in the hope of proving in the
future the mistake of our opponents, rather than by
giving way to the sudden impulses of passion, and
thus, by implication, proving the unfitness of our
friend by the very standard we ourselves set up.
Time, that cures so many ills, will rarely fail to
soothe the angry feelings and mitigate the sense of
wrong, and still more rarely will it fail to do justice
to the claim of any good man, whose pretensions may
have been overlooked or unjustly treated. To it,
when our friends have been rejected, we may safely
trust, with the certainty that the delay required by
our laws will never operate to the prejudice of a
64
PRINCIPLES AND PRACTICE OF
worthy candidate, while it may reveal a dark spot in
the character of one we have deemed above reproach.
Could all this be avoided, however, it would unques-
tionably be better ; to which end we submit for con-
sideration the method adopted by one of the French
Lodges in the city of New York, which is this : — At
each regular meeting of the Lodge, the Master of
Ceremonies, by direction of the presiding officer, pre-
sents to each member a suitable receptacle, into
which those having petitions to offer place them.
.These are handed to the Master, who reads them
aloud, without, however, mentioning the name of the
brother or brethren presenting them. The petitions
then he over for two weeks, during which time every
member choosing to do so may satisfy himself as
to the character and standing of the candidates,
and, if desirable, see them personally. At the next
meeting, opportunity is afforded lo present objec-
tions, if there be any; if none are offered, then
the petition goes to the committee, whose names
are known only to the Master and Secretary, and
takes the usual course. On the report of the com-
mittee, the Lodge proceeds to ballot, uninfluenced
by any consideration but the personal character and
fitness of the candidate. It is respectfully submit-
ted that, in most, if not all cases, this plan would
tend to prevent the unpleasant feelings arising from
the use of the black-ball.
8 R A * yr-
or THE
ilVERSITY
wP^IIFORH^
CHAPTER III.
fffip.
Haying now disposed of the preliminary steps to
the making of a Mason, some of which, in order not
to break the continuity of the argument, we have fol-
lowed beyond that point, we now invite attention to
the formation of a Lodge, and the various consider-
ations that pertain to its establishment.
In the third of the Ancient Charges, “a Lodge” is
defined to be “ a place where Masons assemble and
work ; hence that assembly or duly-organized society
of Masons is called a Lodge , and every Brother ought
to belong to one, and to be subject to its by-laws and
the General Begulations.”
Previous to the revival of Masonry in 1717, a Lodge
was simply a congregation of Masons in some appro-
priate or convenient place, by authority of the sheriff
or civil magistrate, for the purpose of “ making ” one
or more profanes, which ceremony being accomplish-
ed, the assembly dissolved into its original elements,
to meet at some future time, under like circumstances
and for a similar purpose. Warrants of Constitution
were then unknown, and the four old lodges that
G6
PRINCIPLES AND PRACTICE OF
united in tlie formation of the Grand Lodge of Eng-
land refused to be placed under the restrictions of a
warrant — continuing their meetings by immemorial
usage and the rights they had previously acquired.
Their survivor still exists in London, and is of course
on the registry of England, but has no number, being
known as the Lodge of Antiquity. After the forma-
tion of the Grand Lodge of England, Warrants of
Constitution were granted directly by the Grand
Master, and such is the custom in that jurisdiction
to this day, as, indeed, in most, if not all others,
outside of the United States of America. Here the
more prudent rule obtains, of requiring new lodges
to undergo a probation, of greater or less extent, ac-
cording to the local regulations of the several Grand
Lodges, as an earnest of their fitness to undertake
the labors of Masonry, and carry them forward with
profit to themselves and with honor to the Fraternity.
Let us, therefore, commence with
SECTION I. -LODGES UNDER DISPENSATION.
A Lodge under Dispensation is described as a tem-
porary and inchoate body, not entitled to representa-
tion in the Grand Lodge, and those who work it do
not thereby forfeit their membership in any other
lodge, unless they so elect at the time when the War-
rant of Constitution issues. To form such a Lodge,
MASONIC JURISPRUDENCE.
67
it is required that a petition,* signed by not less than
seven Master Masons in good and regular standing,
and recommended by the nearest lodge, t be forward-
ed to the Grand Master, who will, if he deems it for
the general interest, issue Letters of Dispensation,
empowering the petitioners to meet as a regular
Lodge, and perform such acts as Lodges under Dis-
pensation may of right do, or as may be allowed by
the terms of the Dispensation and the regulations of
the Grand Lodge, until the next succeeding commu-
nication of the Grand Lodge, when the Dispensation
ceases by its own limitation.
The powers of a Lodge under Dispensation have
been the subject of much argument, and the decisions
on this topic are extremely varied and conflicting.
The following summary will, we think, be found to
embrace the most generally received opinions : — 1. A
Lodge TJ. D. is but a committee — so to speak — of the
Grand Master’s selection — a temporary body, which
by his prerogative he may create or dissolve at his
will. 2. It can hold no regular election, nor can its
officers be installed. 3. It cannot be represented in
* See Appendix.
f In the State of New York, no Dispensation to form a new
Lodge can be issued within three months next preceding the
Annual Communication of the Grand Lodge, nor without the
recommendation of all the Lodges whose jurisdiction shall be
affected by such Dispensation, except in cities.
68
PRINCIPLES AND PRACTICE OF
Grand Lodge, because that body is composed of the
Masters and Wardens of Warranted Lodges only. 4.
It cannot try or discipline the Masons composing it,
that being the prerogative of a Warranted Lodge.
6. It cannot form a code of By-laws. 6. It cannot
affiliate Masons. 7. In the event of a 'warrant being
refused, the property and funds must be placed in
the custody of the Grand Lodge.
If these premises are correct, then Lodges U. D.
are but legalized conventions for the purpose of con-
ferring the three degrees of Masonry, and adding, to
the extent of their opportunity, to the army of non-
affiliated Masons. From the fifth and sixth proposi-
tions above stated, we, however, emphatically dissent.
Lodges we have seen were at first fully warranted by
the Grand Master ; and it may safely be assumed,
that when that power was surrendered to the Grand
Lodge, it was in order that the whole Craft might,
through their immediate representatives, have a voice
in the creation of new Lodges ; that when the plan
of issuing Letters of Dispensation was adopted, it
was that, by the acts of the new Lodge during their
term of probation, the brethren assembled in Grand
Lodge might be able to judge of their fitness to hold
a full warrant, and become duly-constituted Lodges ;
that when the Grand Master issues his Dispensation
for the formation of a Lodge, it is after careful exam-
MASONIC JURISPRUDENCE.
69
ination, on his part, of all the surrounding circum-
stances, and with the direct expectation that, unless
through some unworthy act on the part of the Lodge,
a full warrant will be granted at the succeeding com-
munication of the Grand Lodge. They are properly
termed inchoate lodges , because they are in process
of forming, or preparing for a permanent existence,
under a warrant, and they are therefore just as com-
petent to decide what particular regulations they will
make for their own domestic government, as they
would be after the granting of the warrant ; indeed,
it would seem that a very important part of their
preparation would be the formation of such a code,
to be submitted, with the petition for a warrant, as a
portion of the evidence of their capability in ‘con-
ducting the affairs of a lodge. If to this we add the
well-known rule, that even a warranted lodge must
submit its By-laws to the Grand Lodge for approval,
the argument in favor of our position would seem to
be complete. In like manner, we think that, if a
Lodge U. D. may initiate, pass and raise candidates,
and thus increase their numbers, they may with equal
propriety be intrusted with the power of affiliating
such Masons as they may deem worthy. Such is the
practice in the State of New York — these powers
being specifically conferred in the Dispensation,
which is granted to the persons named therein, and
70
PRINCIPLES AND PRACTICE OF
not, like a warrant, to the first three officers. No
general law can, however, be stated, because Lodges
U. D., being a modem and almost exclusively Ameri-
can organization, each Grand Lodge makes such
regulations in regard to them as it may deem best
suited to the circumstances of its own jurisdiction.
SECTION II. -WARRANTED LODGES.
When the time fixed in the Dispensation has ex-
pired, the work of the Lodge ceases, and the next
step is the return of the Letters to the Grand Secre-
tary, accompanied by a transcript of the minutes, a
copy of the By-laws, (where the Grand Lodge per-
mits Lodges U. D. to frame a code,) the proper Grand
Lodge return of work done, the constitutional fee,
and a petition for a warrant. These documents are
laid before the proper committee of the Grand Lodge,
and on their report the warrant issues.
A warrant once granted to a Lodge is immutable
so long as the Grand Lodge, of which it forms a con-
stituent part, exists, and the members adhere to their
allegiance, and pay the contributions required by the
Constitution and Begulations of the Grand Lodge.
In this respect, it differs materially from the Dis-
pensation ; for while the latter is an emanation from
the Grand Master, the Warrant has the direct sanc-
tion of the Grand Lodge, attested by its seal and
MASONIC JURISPRUDENCE.
71
signatures — that is, those of the Grand Master, his
Deputy, and the Grand Wardens — and can only be
revoked by vote of the Grand Lodge, after due trial
and unequivocal proof. The acts by which the war-
rant may be forfeited are — Contumacy to the author-
ity of the Grand Master or Grand Lodge ; Departure
from the original plan of Masonry and Ancient Land-
marks ; Disobedience to the Constitutions ; and Ceas-
ing to meet for one year or more. The Warrant of a
Lodge may be surrendered by the voluntary act of
its members, after due summons, and when the mi-
nority opposed to such surrender is less than seven
in number. It is proper to remark, that the majority
of Masons agree with us in this opinion, and found
it, as we do, upon the assumption, that as seven Mas-
ter Masons are competent to form a Lodge, therefore,
so long as that number remain faithful, and desire to
retain the Warrant, it cannot be surrendered.* A
* A remarkable confirmation of this view occurred not long
since in New Orleans, where a majority of the members of a Lodge
had formed themselves into an association, transferred to that
association the property and funds, (a large amount,) and then
declared the Lodge dissolved. The minority protesting against
this action, a suit at law ensued; and it was finally decided by the
Court of last resort, that the minority were the legal custodians of
the Lodge and its properties, and that, although the majority
might withdraw, they could not dissolve the Lodge, so long as a
competent number of members were desirous of continuing its
existence.
72
PRINCIPLES AND PRACTICE OF
majority of the Grand Lodges hold to this view, and
in England they require the minority to be less than
three ; but others, among which is the Grand Lodge
of New York, allow a Warrant to be surrendered on
the vote of a simple majority. As the Old Regula-
tions make no mention of this occurrence in the his-
tory of a lodge, for the evident reason that previous
to 1717 there were no Warrants to surrender, it is
now conceded to be a subject of local regulation,
and each Grand Lodge makes its own laws for its
government.
The Warrant of a Lodge may be temporarily sus-
pended, for cause, by the Grand Master ; but such
suspension cannot extend beyond the next ensuing
Annual Communication of the Grand Lodge. In
New York, this suspension carries with it that of all
the members, unless they be specially exempted at
the time, but this is clearly a local regulation, — the
general understanding being that the Grand Master,
by his edict, arrests the work of the Lodge, and pre-
vents its meetings, but that the Warrant remains in
force until lawfully revoked by the Grand Lodge.
But to return : The Warrant having been granted,
it is necessary that certain ceremonies should be per-
formed before the Lodge can be set at labor. These
are : —
The Consecration, by which the Brethren com-
MASONIC JURISPRUDENCE.
73
posing the new Lodge are set apart to the work of
ruling and governing the household intrusted to their
care, for the “greater glory of God.”
The Dedication, by which they are reminded of
the patrons of the Craft, and incited to emulate their
virtues.
The Constitution, by which, in the name and by
authority of the Grand Lodge, they are formed into
a just and regular assembly of Masons ; and, finally,
The Installation, by which the officers are induct-
ed into their several stations, and formally invested
with the powers thereunto belonging.
The order of these ceremonies, as here stated, dif-
fers somewhat from the general usage, but it is such
as we have always practiced, and appears to be in
keeping with the end sought to be obtained. These
services should be performed by the Grand Master
in person, or by his immediate delegate or proxy.
It is admitted that no one but the Grand Master or
his representative can Constitute a Lodge ; and al-
though the consecration and dedication are based
upon the religious observances of antiquity, and are
therefore religious in their nature, still they are essen-
tial to the legality of the whole ceremony ; and while
the Consecration Prayer ought to be rehearsed by
the Chaplain, the formal declarations should all be
made by the Grand Master.
A.
74
PRINCIPLES AND PRACTICE OF
When the ceremony is completed, the Lodge takes
its place in the great Masonic family, as the peer of
all other Lodges, as a constituent member of the
Grand Lodge, by authority of which it has been
ushered into existence, and at once enters into the
enjoyment of all the rights, powers and privileges of
a just and duly-constituted Lodge.
SECTION in. -POWERS OF WARRANTED LODGES.
The powers and privileges of a Subordinate or
Particular Lodge are such as are defined in its war-
rant, by the Constitutions of the Grand Lodge grant-
ing the same, and the Ancient Landmarks and Gen-
eral Regulations. They are divided into —
1. Executive : in the direction and performance of
its work, under the control of its Master, and in all
other matters in aid of the Master, who has the pri-
mary executive power of a Lodge.
2. Legislative : embracing all matters relating to
its internal concerns, not in derogation of the Ancient
Landmarks, the Constitutions and General Regula-
tions of the Grand Lodge, and its own particular
By-laws; and,
3. Judicial: embracing the exercise of discipline,
and settlement of controversies between and over all
its members (except the Master), and over all Masons
MASONIC JURISPRUDENCE.
75
and non-affiliated brethren within its jurisdiction,
subject to an appeal to the Grand Lodge.*
From what has already been said, it will be seen
that, while in the beginning, Lodges were unrestricted
by any superior authority, and were therefore supreme
in themselves ; yet, at the formation of Grand Lodges,
certain of their powers were necessarily surrendered
for the general good, just as individuals and commu-
nities divest themselves of a portion of their political
rights, that all may enjoy a uniform protection at the
hands of a supreme government. The idea of the
surrender of a portion of their rights by the Lodges,
carries with it the reservation of certain others, inhe-
rent in the Lodge, and not subject to dispensation
or other act of the Grand Master or Grand Lodge.
This is a most important distinction, and one that it
is necessary to keep in remembrance in the decision
of many of the questions that may be presented.
The general tendency of all governments and legis-
lative bodies is to cumulate power — to exercise not
only the authority delegated to them by the people,
but gradually to increase that authority by encroach-
ments upon the original sovereignty. We believe in
the simple doctrine that subordinate lodges are, as
to many matters which have received the legislative
Constitution, Grand Lodge of New York.
76
PRINCIPLES AND PRACTICE OF
action of Grand Lodges, sovereign bodies, and that
any action which interferes with that sovereignty is
of necessity illegal and void; and that, unless the
reserved and inherent rights of Lodges are well de-
fined and understood, the time will come when those
rights will be extinguished, partly through direct
legislation, and partly from the neglect, on the part
of the subordinates, to assert and maintain them.
The Lodge organization is the normal condition of
the Fraternity ; Grand Lodges, the result of necessi-
ty, growing out of the wide-spread popularity and
extension of the institution, and intended to preserve
uniformity of doctrine and practice by mutual con-
sultation on the part of the representatives of the
subordinate lodges. While each remains in its own
sphere of action, the result must continue to be in
the future, as it has been in the past, for the greatest
good of the Craft. Let it, however, be remembered
that the Grand Lodge acts by delegated powers, and
that, so far as those powers are concerned, it must
be supreme, but that the reserved powers of the
Lodge are inherent, and cannot be interfered with by
any act of the Grand Lodge ; nay, more : we insist
that these powers cannot be delegated, if the Lodge
were so minded ; for their possession by the subordi-
nate body is a Landmark — a fundamental principle
— that no man or body of men can remove.
MASONIC JURISPRUDENCE.
77
The powers of a Warranted Lodge may, therefore,
be divided into two classes, Inherent and Constitu-
tional.
The inherent powers of a Lodge, controlled only
by the Ancient Landmarks, are : —
1. To decide who shall be admitted members of or
initiated therein ; that is, of persons properly qualified.
2. To make Masons (not more than five at one
meeting) of those it has decided to admit.
3. To place on trial a member against whom
charges may have been preferred, to pronounce sen-
tence, and enforce discipline.
4. To elect and install its officers.
5. To fix its time of meeting.
6. To require its members to contribute to its funds.
7. To be represented at all communications of the
Grand Lodge.
8. To instruct its representatives, for their govern-
ment, at all such communications of the Grand
Lodge.
To our comprehension, these propositions are self-
evident, and no lengthened commentary appears to
be necessary. We direct attention to them, that it
may be understood that no Grand Lodge legislation
can alter their essential features. Eor example : it
is usual and proper for Grand Lodges to fix, by con-
stitutional provision, the time and manner of electing
78
PRINCIPLES AND PRACTICE OF
officers ; but, in the election, the Lodge is entirely
uncontrolled, save by its own By-laws and the usages
of Masonry. The Grand Lodge may say, that at a
given time a Lodge must elect a Master, two Ward-
ens, a Treasurer, and a Secretary, but it cannot inter-
fere with the choice by the brethren of persons to fill
those offices. So, the Grand Lodge may enact regu-
lations for the government of Lodges in the trial of
members, but it cannot deprive the Lodge of its right
of original jurisdiction ; it may, on appeal, reverse a
finding, and send the case back for a new trial, but
it cannot, in legal phraseology, change the venue, or
order the case to be tried elsewhere, without the con-
sent of the Lodge. It cannot, by legislation, divest
the Masters and Wardens of the Warranted Lodges
in its jurisdiction of their right to represent their
Lodges, or of the Lodges to be represented by their
Masters and Wardens, in its annual or other commu-
nications, because to do so would be, in effect, to
destroy itself by destroying its members. Indeed,
the existence of this right is the very essence of
Grand Lodge organization, and carries with it the
right of instruction, to be exercised by the Lodges,
in their discretion.
The constitutional powers of a Lodge, subject to
control by the Grand Lodge, are : —
1. To make a code of By-laws for its internal gov-
MASONIC JURISPRUDENCE.
79
emment, not in derogation of its inalienabie rights,
or of those of its members.
2. To perform all the work pertaining to the three
degrees of Ancient Craft Masonry.
8. To transact all business that can be legally
transacted by a duly-constituted Lodge of Free-
masons.
4. To appeal to the Grand Master or Grand Lodge
from the decision of the presiding officer.
5. To change its place of meeting.
6. To control its funds.
It would seem as though the right to form and
adopt a code of By-laws should be an exercise of
original sovereignty, but when we reflect that these
By-laws must be made to conform to the regulations
of the Grand Lodge under the jurisdiction of which
the Lodge works, we discover at once that this is a
right given up for the general benefit to the control
of the Grand Lodge, which right is, however, rarely
or never exercised by the grand body beyond the
supervision necessary to ascertain that the Lodge is
neither depriving itself of its just rights, nor assuming
powers and prerogatives that do not belong to it. A
lodge may, therefore, enact a code of By-laws, change,
amend, or repeal the same, in accordance with the
provisions therein contained, and subject to the ap-
proval of the Grand Lodge, but for this reason it
80
PRINCIPLES AND PRACTICE OF
cannot suspend them, because a suspension is in
reality an alteration or amendment, which is not valid
without the approval of the Grand Lodge : hence, a
motion to suspend a by-law is not in order. And,
again, it might be asked, that if the Lodge has an
inalienable right to make Masons, why it has not
unlimited control over the work? The reason is,
that the Grand Lodge, by the very nature of the case,
must have superintendence of the work and lectures,
in order to guard against the introduction of matters
foreign to the original idea of Masonry, to prevent
the inexperienced and the over-zealous from embel-
lishing the ritual, which, if allowed to have their own
way, they would do, and that to such an extent, that
the original form would disappear. It is evident that
the Grand Lodge, composed as it is of all the Masters
and "Wardens in its jurisdiction, can better maintain
and preserve the ritual from innovation, than any
single lodge could do, however well the lodge might
be disposed. Moreover, lodges in the beginning only
conferred the first, or Entered Apprentice degree;
the control of the ritual has, therefore, never been
left entirely to their discretion.
For similar reasons the business of the Lodge, as
contra-distinguished from the ritualistic ceremonies,
is necessarily subject to the supervision and control
of the Grand Lodge. The retention of this right by
MASONIC JURISPRUDENCE.
81
the Grand Lodge is, if we may so term it, a portion
of the contract, by which that body ceded to the sub-
ordinates the right to confer the second and third
degrees ; and this is why it is now held that Master
Masons only can be members of a lodge, and that
hence all the business of a lodge must be transacted
in the third degree. The examination of candidates
for advancement, and the trial of Entered Appren-
tices and Fellow Crafts (see Trials) will necessarily
form exceptions.
The appeal to the Grand Lodge from the decision
of the Master, or of the Warden presiding in his ab-
sence, is evidently of no older date than the creation
of the appellate body, and must, therefore, be gov-
erned by the General Regulations. Fortunately, for
the well-being and good discipline of the Fraternity,
it is a right that is so seldom exercised, that it is only
necessary to name its existence to have said all that
is required on the subject.
When Lodges met by authority of the civil magis-
trates, they of course fixed their own time and place
of meeting ; and as one meeting had no positive rela-
tion to those preceding or succeeding it, the conve-
nience of the brethren was the only governing rule ;
but when Lodges came to meet under sanction of a
Warrant, and thus entered upon a continued exist-
ence, it became necessary that they should have a
82
PRINCIPLES AND PRACTICE OF
fixed locality, to prevent confusion among the lodges
themselves, and to enable the Grand Lodge to lmow
where to find its constituents ; hence the rule, that
while a lodge, after due summons and vote of its
members, may change its place of meeting from one
locality to another, in the same city, town or village,
it cannot remove from one city, town or village to
another, without the sanction of the Grand Lodge.
The lodge treasury, like the individual pocket, is
extremely sensitive to interference, and Grand Lodges
have wisely abstained from any attempt to exercise
control over the funds of their subordinates, beyond
requiring that they shall not be recklessly squander-
ed, or divided among the members, while the just
debts of the lodge remain unpaid, or while the Grand
Lodge dues are unprovided for; but, these things
taken care of, it has been decided that a lodge may
appropriate its funds to a worthy object, even though
it be not a strictly Masonic one.
SECTION IV. -PRECEDENCY AND JURISDICTION OF LODGES.
Lodges take precedence according to the seniority
of their respective warrants — that is, Lodge No. 1 is
necessarily of older date than Lodge No. 300, and, so
far as the respect due to age and services goes, is
entitled to all the consideration that may justly be
accorded to age and long service. The senior lodges
MASONIC JURISPRUDENCE.
83
are also entitled, by their representatives, to fill tem-
porarily any vacancies in the stations that may occur
at a meeting of the Grand Lodge, and to take, accord-
ing to number, the right of Masonic processions ; but
beyond these comparatively unimportant privileges,
there is no difference between the status of the oldest
or youngest Lodge, except what each one may create
for itself by attention to the Constitution and Regu-
lations, the general usages of Masonry, and a proper
attention to the selection of materiel and ^he rights
of its peers.
The jurisdiction of Lodges is of two kinds — ter-
ritorial and penal :
The territorial jurisdiction of a Lodge depends
entirely upon the regulations enacted by the Grand
Lodge to which it owes allegiance, and may be stated,
in general terms, to extend half-way in every direc-
tion to the nearest Lodge within the territorial juris-
diction of the Grand Lodge. In cities and towns
where there are two or more lodges, their jurisdiction
is held to be in all respects concurrent. Jurisdiction,
as here defined, relates entirely to the reception of
profanes; for a Lodge retains jurisdiction over its
members, without regard to their place of residence.
This is another law growing out of the increase of
Lodges, and is intended, by securing to each one a
well-defined limit in wdiich to seek for material, to
84
PRINCIPLES AND PRACTICE OF
enable it to make a more thorough investigation into
the character and standing of candidates, than it
could otherwise* do, and, by preventing trespass on
the territory of its neighbors, to insure a greater
degree of harmony. This rule may, at first sight,
appear to interfere with the right of Lodges to decide
who shall be initiated therein, and to make Masons
of those they have thus decided to admit; but a
lodge can only entertain the petition of, or confer
degrees on, a properly-qualified candidate ; and it is
now held (except by the Grand Lodges of England
and Hamburg) that a candidate is not properly qual-
ified unless he has a fixed residence within the terri-
torial jurisdiction of the Lodge to which he applies.
Seafaring men, and military and naval officers, are
excepted from this rule, because they are supposed,
from the nature of their professions, not to be able
to control their private actions so far as to be in any
place long enough, at one time, to establish a resi-
dence, in the legal acceptation of the term. Master
Masons are excepted from this rule, because they
have acquired all the rights and privileges of the
Craft — one of which is, that every Mason may choose
for himself the Lodge in which he can best work, and
with the members of which he can best agree.
The penal jurisdiction of a Lodge, by which is un-
derstood the right of trial and the enforcement of
MASONIC JURISPRUDENCE.
85
discipline, other than that exercised over, its own
members, (to which we shall give a separate consid-
eration,) extends to all non-affiliated Masons in its
jurisdiction, and to Masons belonging to lodges
located in other jurisdictions, but who are personally
within the jurisdiction of the disciplining lodge.
This is a law of common justice, as well as one of
ancient usage, but not of universal acceptance, —
many authorities claiming that if a member of a
lodge in Minnesota commit a Masonic offence in
Yermont, he can only be tried by his mother-lodge ;
but it is evident that the offender in Yermont might
go on to any excess, and by his conduct bring unut-
terable shame on the lodge and brethren for any
length of time, before the lodge in Minnesota could
be informed of it, or, if informed, could obtain the
evidence necessary to a conviction; while, on the
other hand, the lodge in Yermont, in whose very
presence the offence might be said to be committed,
would certainly be best prepared to administer cor-
rection with a knowledge of the facts. Every Lodge
and every Mason is bound to maintain to the utmost
the good name and reputation of the Fraternity, and
to this end all regular lodges are justified in sum-
moning before them, for trial, those non-affiliated
Masons and members of distant lodges who, forgetful
of the solemn sanctions under which they entered
8 G
PRINCIPLES AND PRACTICE OF
the Craft, violate its wholesome regulations, and thus
bring disgrace upon it. The principle upon which
this law is founded is coeval with the organization
of Masonry as we have it. It is not only a Land-
mark in itself, but a necessary sequence of other
principles about which there is no difference of opin-
ion ; thus, a Mason is required to be a peaceable
citizen, wherever he resides or works, by which is
understood that he is to conform to the law, respect
the magistrates, and act as a good citizen should do,
that the honor of the Fraternity may be thereby
promoted, and the cavils of its adversaries answered.
Now, if a Mason is thus required to demean himself
in regard to the civil law, how can he be exempted
from like provisions in the code of Masonry? Lodges
are but the subdivisions of a universal family, for the
convenience of the brethren ; the general reputation
and prosperity of the whole is, therefore, of greater
importance than the mere local interests or pride of a
small part, and every Lodge is consequently a guard-
ian — so to speak — of the general good name, with
undoubted right, in the execution of its trust, to
summon before it delinquent sojourners and n on-
affiliated Masons, to place them on trial, and after
lawful -conviction to administer discipline; subject, it
need hardly be said, to an appeal to the Grand Lodge
to which the disciplining lodge owes obedience.
CHAPTER IY.
®j;t ©ffinrs fff a % 0&p.
SECTION I. -THEIR POWERS AND DUTIES.
Haying thus far treated of the general powers of
a Lodge, it is necessary to our plan that we should
now introduce the officers, as a knowledge of their
powers and duties is essential to a proper under-
standing of various matters that will appear as we
proceed.
The discipline of a Masonic Lodge, the order ob-
served at its meetings, the obedience there exacted,
and cheerfully rendered on the part of the brethren,
makes its government as nearly perfect as it is pos-
sible for any merely human institution to be. It
should, therefore, be — as in truth it generally is — a
matter of study and just pride, on the part of the
office-bearers, to be well acquainted with the general
laws and usages of the society, as well as with their
own powers, prerogatives and duties, that not only
may they be enabled to keep the members in the
straight path of duty, but that, by their own example,
they may make that path more easily discernible,
and less apt to be departed from. Intelligent and
88
PRINCIPLES AND PRACTICE OF
capable officers make good Lodges, and govern with
less difficulty than ignorant and incompetent ones,
because they do not overstep the bounds of proprie-
ty, nor heedlessly invade the rights of the brethren ;
and because all men — certainly all men fit to be
Masons — appreciate the labors of such officers, and
intuitively seek to assist them by prompt deference
to their commands, and the influence which such
conduct exercises over those — if any there be — less
loyally inclined.
The duties and prerogatives of the officers are
always well defined, but it is none the less a fact
that, in scarcely any two rites, are the officers and
their functions precisely the same, and, indeed, our
own country is not entirely uniform, although all
Lodges in the United States work under the supervi-
sion of Grand Lodges of what is termed the Ancient
York Rite.* In some jurisdictions, they have an
* We may be deemed heretical, but we cannot avoid saying,
that, in our judgment, the name of York Bite , as applied to our
system of degrees, is an absolute misnomer. Every ritualist who
has investigated the subject knows, that the simplicity of the An-
cient System has been buried, as it were, under the innovations
of Webb and his successors in the business of ritual-making; that
we have, in fact, a system peculiar to ourselves, which we ought
to call, what it really is, “ The American Bite.” The reader will,
of course, make the distinction between those who seek to create
new rituals, and those who faithfully and earnestly teach what
they have previously learned.
MASONIC JURISPRUDENCE.
89
officer called the Inner Guard ; in others, such an
officer is unknown : some have Masters of Ceremonies ;
others, not. In the beginning, the indispensable
officers were the Master , Wardens and Tiler . The
creation of new rites and other causes have, however,
gradually led to the introduction of other officials,
and a Lodge may now be said to be fully officered
when it has —
A Master, (whose style is Worshipful ,)
A Senior Warden,
A Junior Warden,
A Treasurer,
A Secretary,
A Senior Deacon,
A Junior Deacon,
Two Stewards, or
Two Masters of Ceremonies,
A Tiler.
In addition to these, many Lodges have a Chap-
lain, some a Physician, others a Marshal, and most,
if not all, a Board of Trustees.
THE MASTER.
“ It was the observation of a wisdom greater than man
can boast, that a house or kingdom divided against itself,
cannot stand; and experience proves the soundness of the
axiom. This proverb may be applied with great propriety
90
PRINCIPLES AND PRACTICE OF
to an institution whose members are segregated from the rest
of the world by obligations, customs, and laws of a peculiar
nature, yet retain their independence of character by a per-
fect freedom of thought and action. In such a society, a
judicious ruler is absolutely essential, not merely to its pros-
perity, but to its very existence. If the shepherd be careless
or inefficient, the flock will be scattered abroad.
“Unity is the mainspring of Freemasonry. Destroy that,
and the machinery will fall in pieces; and it will be a difficult
matter to preserve the links in the chain of unity unbroken,
unless the Master pursue an accommodating policy, which
may cause the brethren to be mutually pleased with each
other’s society, accompanied by an inflexible regard to disci-
pline, which, while it allows freedom of action, will preserve
inviolable the respectful submission that is due the Chair, as
its undoubted and inalienable prerogative.”*
“To become Master of his Lodge, is the legitimate object
of every young brother who takes any interest in our society.
The very questionable policy of our present regulations seems
to be, to open to each, in succession, the way to the Master-
ship — almost, if not altogether, as a matter of course. Now,
my younger brethren may rest assured, that although, in
deference to a usage which it is perhaps too late to abolish,
we may place a careless or ignorant Mason in the Chair,
invest him with the badge of authority, and address him
with the external forms of respect, we cannot command for
him the deference and consideration which will be sure to
follow the enlightened and expert. He will be like the figure-
♦ “Revelations of a Square.” — O lives.
MASONIC JURISPRUDENCE.
91
head of a ship — placed foremost, and gaudily decorated; but,
after all, it is a mere effigy, not contributing in the least to
the management of the vessel. In small, as in great things,
knowledge is power — intellectual superiority is real pre-emi-
nence.”
“ Some inexperienced brethren may think that no difficulty
can ever arise in the decision of Masonic questions, because
they have never seen any such difficulty in our society. It
is true, that mutual forbearance is so much inculcated, and
good feeling so widely prevails among us, that, in the hands
of a judicious ruler, all goes on with easy and undeviating
regularity. But I can assure them that, in a well-regulated
Lodge, there is a very ample scope for the exercise of intel-
lect; and that the Master will soon find that he requires
even more than a knowledge of Masonic law and usages, to
acquit himself creditably of his responsibility. He should
know his own limits, so as not to encroach upon the rights
of the brethren, of which, I candidly warn every young Mas-
ter, he will find us not a little jealous. If he falls short of
his own bounds, or oversteps them, he will find clear heads
and keen tongues to remind him — respectfully, but unmis-
takably — of the fact. The Lodge will soon feel what sort
of hand holds the helm; and as they are bound to acquiesce
in his opinion, as their Master, he must show equal deference
to theirs.”*
“In the whole series of offices recognized by the Masonic
institution, there is not one more important than that of the
* “The Duty of the Master,” a Lecture, by J. Fitz-Henby
Townsend. — American Quarterly Review of Freemasonry , vol. i.
92
PRINCIPLES AND PRACTICE OF
Master of a Lodge. Upon the skill, integrity and prudence
of the presiding officer, depend the usefulness and welfare of
the Lodge, and as lodges are the primary assemblages of the
Craft, and by representation constitute the supreme tribunal
or Grand Lodge, it is evident that the errors of government
in the primary bodies must, if not duly corrected, be pro-
ductive of evil to the whole fraternity. Hence, in the cere-
mony of Installation, it was required, as a necessary qualifi-
cation of him who was proposed to the Grand Master as the
presiding officer of a Lodge, that he should be of good
morals, of great skill, true and trusty, and a lover of the
whole fraternity, wheresoever dispersed over the face of the
earth. And it was on such a recommendation, that it was
to be presumed that he would discharge the duties of the
office with fidelity.”*
To the foregoing qualifications of the Master, which
are general in their nature, there is to be added the
legal one, that he shall have previously been installed
and served as Warden — not necessarily in the Lodge
which proposes to elect him, but, at all events, in
some regular Lodge. As considerable difference of
opinion exists in regard to this question, we propose
to give it a brief examination. The original law upon
the subject is found in the fourth of the Ancient
Charges. In this Charge it is stated, “ That all pre-
ferment among Masons is grounded upon real v orth
Text-book of Masonic Jurisprudence.” — Mackey.
MASONIC JURISPRUDENCE.
93
and personal merit only;” that “none but a perfect
youth should be made an Apprentice, that in due time
he may become a Fellow Craft, and when otherwise
qualified, arrive at the honor of being Warden, and
then Master of the Lodge.” * * * * “No brother
can be a Warden until he has passed the part of a
Fellow Craft ; nor a Master till he has acted as Ward-
en.” — To our comprehension, and, we may add, to
that of a large majority of the Fraternity, this law
is so explicit, as not to admit of any fair argument
against the requirement which so plainly appears in
its language — that a brother must be a Warden be-
fore he can be Master. We have seen much ingeni-
ous argument to prove that; as all preferment among
Masons depends on personal merit, such merit must
be the governing rule in the selection of the Master,
as well as other officers; but it will be seen that
“real worth and personal merit” are the groundwork
only of preferment, and they neither include nor, by
a reasonable deduction, forbid the necessity of other
qualifications. As a basis of preferment, we cheer-
fully acknowledge personal merit to be indispensable,
and regard it as one of the most satisfactory features
of the Masonic institution — as one that especially
distinguishes it from the associations of the profane
world ; but to make this the only test, would be to
sweep away, as with a breath, other distinguishing
94
PRINCIPLES AND PRACTICE OP
and valuable characteristics of the Fraternity. If
the personally meritorious were all eligible to the
mastership, the Master Mason of a day might aspire
to the chief command, as well as the veteran of half
a century, and thus our lodges would become so many
arenas for the exhibition of the chicanery and tricks
of partisan politics, while the experience and educa-
tion necessary to fit even the truly meritorious for so
difficult a trust as that of Master of a Lodge, would
at once be left out of the account. Fortunately, for
the stability of the Craft, the advocates of such a
theory are few and far between. The Charge itself
is the best refutation, if any were needed, of the argu-
ment under consideration ; for it plainly contemplates
the gradual arrival of the aspirant to the goal of his
ambition : — the Apprentice is to become a Fellow
Craft in due time, and when he has served such a
term of years as the custom of the country directs,
and is otherwise qualified , he may arrive to the honor
of being Warden, and then Master. In the words
“otherwise qualified,” something beside “personal
merit” is clearly provided for and intended.
There is another, and somewhat more numerous,
class, who claim that, under certain circumstances, a
Lodge may proceed to elect to the mastership any
member of the Lodge, even though he may never
have been Warden. We have seen a report, adopted
MASONIC JURISPRUDENCE.
95
by a Grand Lodge, in which it is gravely argued
that “ acting as Warden” is merely a ceremonial ob-
servance, and has no further effect than to require
that the candidate should have temporarily occupied
the Warden’s station during the conferring of a de-
gree. We cannot fully expose the fallacy of this
position without trenching on matters not proper to
be written ; but every Master Mason knows, or ought
to know, that there were three Grand Masters, neither
of whom was Warden — the duties of that station being
confided to the “ Overseers of the work,” and, there-
fore, that the ceremony referred to is without the
quality of common sense. “ Acting as Warden”
means to have been lawfully appointed to that station,
and to have discharged the duties that pertain to it.
In Anderson’s second edition of the Constitutions,
published in 1738, he makes two very important
changes in the Begulation in regard to the qualifica-
tions of the Master. The first is simply explanatory,
by the addition of the word “ somewhere that is,
that a brother should have been Warden somewhere,
but not necessarily in the Lodge in which he was to
be elected Master. The second overthrows the whole,
by the addition of these words : “ except in extraor-
dinary cases, or when a Lodge is to be formed where
none such (Past Masters or Wardens) can be had ;
for then three Master Masons, though never Masters
96
PRINCIPLES AND PRACTICE OF
or Wardens of Lodges before, may be constituted
Master and Wardens of that new Lodge.” If, as
stated in the title, the Constitutions of 1721 were the
“ Laws, Charges, Orders, Regulations and Usages of
the Right Worshipful Fraternity of Accepted Free-
masons,” and were collected “ from their general
records and their faithful traditions of many ages,”
then he had no authority whatever to alter them in
1738, nor could the Grand Lodge of England, if they
had been faithful to their trust, have sanctioned any
such alteration. The Constitutions of 1721 were
either correct or they were not : if correct, they were
the usages of “ many ages ;” and that they were so,
seems to follow from the fact of their approval and
authorized publication by the Grand Lodge. And,
although it is provided, in the thirty-ninth General
Regulation, “that every Annual Grand Lodge has
inherent power and authority to make new regulations
or to alter these, for the real benefit of this Ancient
Fraternity,” it is clear that this only refers to local
regulations; for it is expressly declared that such
new regulations can only be made or the old ones
changed on condition “that the old landmarks he care-
fully preserved .” The requirement that a Master
must previously have been a Warden, we are told
was the usage of many ages, and the conclusion is
irresistible that there was no power in any body of
MASONIC JURISPRUDENCE. 97
men to make an innovation by changing it. “ But ”
— we shall here be told — “ yon admit that any Master
Mason may be appointed Master of a new Lodge, or,
as we have it, a Lodge under Dispensation.” We
admit the fact, but we deny the principle, for one
proposition carries the other with it ; and if the Grand
Master can, under the regulations of his Grand Lodge,
appoint any member to be Master of a new Lodge,
by the same authority he might grant his Dispensa-
tion to elect a member from the floor of a Warranted
Lodge, and thus the English practice of removing a
landmark would be fully established. If, however,
we admit that the Grand Lodge of England had
power to change the Regulation of 1721, in regard
to the qualifications of Masters, then we must also
grant to every other Grand Lodge a similar authori-
ty, and thus make the subject one of local legislation.
Such is, indeed, its present condition. The right of
the Grand Master to appoint any Master Mason to
the mastership of a Lodge under Dispensation is
universally conceded. The Grand Lodge of New
York makes this exception, but otherwise maintains
the rule in its ancient form. Section 38 of its Con-
stitution is in these words : — “ No member can be
Master of a Lodge, unless he has been previously
installed, and served as an elected Warden for one
year, except at the institution of a new Lodge, when
5
98 PRINCIPLES AND PRACTICE OF
no Warden or Past Master is found to serve as Mas-
ter.” With one or two exceptions, we believe, every
Grand Lodge in the United States has a similar pro-
vision in its Constitution ; and while, therefore, the
principle remains as we have stated it, the practice
must be governed by the regulations of the Grand
Lodge having jurisdiction.
We now pass to the consideration of the preroga-
tives of the Master, which are : —
1. The right to congregate his Lodge . — The law for
this is found in the second of the Regulations of 1721,
but some explanation seems to be necessary to its
proper understanding. There are two meanings at-
tached to the word congregate , one of which is the
ordinary acceptation, meaning the calling together
of the brethren, at a time and place named, for the
purpose of holding a meeting; and the other, the
Masonic one, referring to the ceremony by which the
Master calls the brethren to order, when so assem-
bled, for the purpose of setting them at labor in a
formed lodge. It is an immemorial usage — and,
therefore, a landmark — that none but the Master
(when he is present) can congregate the brethren,*
although the formal ceremony of opening may be
performed by another brother in his presence and
under his direction. Under this prerogative, the
* In the second sense of the word. See Prerogative 9.
MASONIC JURISPRUDENCE.
99
Master may call or summon a meeting of his lodge
at any time he thinks proper ; but, though in former
times he could call it at any time or place , his power
in this respect is now restricted, under the regula-
tions of Grand Lodges, to the calling of special com-
munications at the place usually occupied by the
Lodge ; at which special communications no business
can be transacted, save that for which the meeting
is called ; and, further, that no business relative to
the presentation of petitions for initiations or adjoin-
ing, or a ballot on such petitions, can be had at a
called meeting. The stated communications are fixed
by the Lodge itself, as well as the place where they
are to be held ; and though the Master may, if he
please, summon the members for any meeting, he
cannot alter the time or place of the stated ones,
because he has agreed to observe the By-laws, and
to stand to the awards of the brethren, so far as they
do not interfere with his admitted prerogatives.
2. The right to preside . — This is a self-evident
proposition, and follows as a natural consequence of
his installation : but there is this peculiarity attach-
ing to the Master of a Masonic Lodge, viz : that once
duly installed, he cannot during his term of office be
deprived of his right to preside by any power residing
in the Lodge itself. By the terms of his covenant at
installation, he is bound “to pay homage to the
100
PRINCIPLES AND PRACTICE OF
Grand Master for the time being, and to his officers,
when duly installed hence, when the Grand Master
or his Deputy, or other duly-appointed representa-
tive, appears in a Lodge, the power of the Master to
preside temporarily disappears, unless the superior
authority waive the right thus vesting in him, a court-
esy which, it is perhaps needless to say, is almost
universally exercised. From this right of the Master
ensue others, intimately connected with it, as
3. The right to fill , temporarily , any vacancies that
may occur in the Lodge Offices . — It is his duty to set
the Craft at labor, and, in order to do so, he needs
the active cooperation of all the other officers ; and
it is, therefore, necessary to the proper execution of
his trust that he should have full power to select from
the brethren present such as he deems competent to
discharge the functions of the absent incumbents.
4. To control the admission of visitors. — It is, be-
yond question, that one of the most important duties
of a faithful Master is the preservation of harmony
among the brethren by the exercise of sleepless vigi-
lance against the admission of cowans, or of those
brethren who, if admitted, would by their presence
disturb the peace of the Lodge and hinder its work.
In the exercise of this right, therefore, the Master
may refuse admission to any visitor, however correct
the standing of the visitor may be, he being respon-
t 10R A,
or THt
rtJVERSfTr
'''Ufqrhy
MASONIC JURISPRUDENCE.
101
sible for the exercise of his prerogative. For a simi-
lar reason, it is the general practice of the Master —
though not absolutely bound to do so — to refuse a
visitor when any member of the Lodge objects to his
visit. It is held that he may even go farther, and
refuse a member of his own Lodge, subject of course
to the penalties that would follow an abuse of that
power. As an abstract proposition, this is probably
correct ; yet it is hedged round with so many diffi-
culties, and treads so close upon the right accorded
to every member in good standing, to participate in
the work of his Lodge, that we cannot but advise
that it should never be exercised, or, at least, only in
such flagrant cases as would demand a similar action
on the part of the Lodge, if the power were not
already vested in the Master. We are all liable to
error, and but few men are exempt from the influence
of a momentary pique, or the impulse of sudden pas-
sion. At such a time, the compasses lose their power,
and we become liable to do that which, in our cooler
moments, we might sincerely regret. It should also
be remembered that a member so refused, has an
appeal to the Grand Master or Grand Lodge, and,
if unjustly dealt with, may even prefer charges ; in
which case, the trouble ensuing would more than
counterbalance any good expected to result from the
exclusion.
102
PRINCIPLES AND PRACTICE OF
5. To regulate and terminate all discussion . — The
distinction between the Master of a Masonic Lodge
and the presiding officer of any other association,
is no where more strikingly exemplified than in the
exercise of this prerogative. While, in other socie-
ties, the president — or whatever title he may assume
— presides, in our Lodges, the Master rules and gov -
erns. In the execution of his trust, he wields auto-
cratic powers, and, for the time being, the Lodge
must obey. Hence, when in his judgment the debate
has extended far enough, or when it is degenerating
into criminations and personalities — as unfortunately
will sometimes occur — he rises in his place, and the
floor is his; he proceeds to put the question, if a
question be pending, or to direct the labors in some
other channel.
6. To direct the order of business. — It has become
a custom, of late years, for lodges to append to their
By-laws a summary of the order in which business
shall be transacted at the stated communications,
and Masters are gradually falling into the habit of its
use, on the ground of convenience. It is very dis-
tinctly within our recollection when no such thing
was known — at least, not to our knowledge — and we
have always protested against it during the years of
our mastership by paying no attention to any such
rules. If a Master is competent to fill the station he
MASONIC JURISPRUDENCE.
103
occupies, lie ought to be, and is, the best judge of
what to do and when to do it. Every Master should
assert this power, as a standing protest against the
innovations which are gradually, but surely, making
their way among us.
7. To appoint all Committees . — Being responsible
for the proper conduct of the affairs of the Lodge, it
is but just that the Master should have the selection
of the committees. If such were not the case, the
Master would, to that extent, be under the direction
of the Lodge, a position in which he can never be
lawfully placed. The Master is considered, by virtue
of his office, a member of all committees, and when
he chooses to attend their deliberations, the deference
due to his position makes him Chairman. The right
is, however, seldom exercised, and in some cases — as
the committee to try charges against a brother — ought
not to be at all. He has also generally the appoint-
ment of such of the subordinate officers as are not
elected under the By-laws ; this, however, is not an
irrevocable right, for the custom has varied at differ-
ent periods and in different jurisdictions. Thus, in
England, he appoints the Wardens, and they in turn
appoint officers of lower grade than themselves ; in
some jurisdictions, the Lodge elects all the officers ;
in others, the Master appoints all below the Secretary.
8. To close the Lodge at will . — By this it is not
104
PRINCIPLES AND PRACTICE OF
assumed that the Master may close his Lodge in the
midst of its labors at the mere suggestion of his own
arbitrary will, for that would be intolerable ; but that
he is the proper judge as to when the labors ought
reasonably to cease, and the brethren retire to their
several homes. Perhaps no single objection against
Masonic Lodges has been urged wdth greater force
than that which has for its theme the detention of the
brethren to an unreasonable hour of the night. The
world is all too apt to believe whatever may be stated
to the prejudice of our society, and it would be diffi-
cult to furnish an argument likely to be more indus-
triously used against us, than the unfortunate habit
many lodges have contracted of protracting their
meetings to unreasonable hours. Married men owe
it to their families, and single ones to their reputa-
tions, to be at home before midnight ; and it is well
that Masters should recollect their prerogative, and
exercise it by closing their Lodges at such an hour
as will enable the brethren to be at home in good
season. Cases may arise, in which it is the bounden
duty of the Master to close his Lodge summarily,
and in such an event, there is no question as to his
authority so to do. In all well-governed Lodges,
however, the occurrence of such a scene would be
next to an impossibility.
It has been, and is still held to be, a prerogative
jyiASONIC JURISPRUDENCE.
105
of the Master to open his Lodge at the hour he
thinks appropriate ; but while we do not dispute the
fact, we think he may be safely admitted to have
waived this in favor of the Lodge, to secure the at-
tendance of the brethren at a fixed time, in order
that all may know what to depend upon ; and that
no unfair advantage may be taken of the presence of
certain brethren, or the absence of others, to bring
forward or keep back a favorite measure.
9. To issue summons . — "W e have already alluded to
this power in the first-mentioned prerogative of the
Master, but only as to meetings, the topic then under
consideration. He has, however, power to summon
for various purposes, in addition to meetings: as,
witnesses in trials ; all Masons within the jurisdiction
of his Lodge, to answer complaints against them ;
the officers of his Lodge, to render their accounts
or to answer for delinquencies ; the members of his
Lodge, to attend the funeral of a deceased brother.
The summons can be issued by authority of the
Master only, while he remains in the discharge of his
functions, and is a peremptory order, which must be
obeyed, under penalty, unless the excuse of the de-
faulter be of the most undeniable validity. A sum-
mons is usually in writing, signed by the Master,
countersigned by the Secretary, and having the Lodge
seal attached ; but there is no doubt that a verbal
106
PRINCIPLES AND PRACTICE OF
summons by the Master is equally binding with a
written one.
10. To be the custodian of the Warrant . — Although
the Warrant purports on its face to be granted to the
Master and Wardens, yet, at his installation, it is
placed in special charge of the Master, and he is
made responsible for its safe keeping. As, under the
present organization of the Fraternity, no Lodge can
be established without a Warrant, and as its pres-
ence is necessary to the legality of all meetings, it
follows that the powers of the Master can only be
exercised under its sanction ; and it is, therefore, but
just that he should, at all times, be in possession of
the evidence of his authority. There is, in many
cases, a w T ant of care, on the part of Masters, in re-
gard to this important document. W e have frequently
seen it framed, and hung up in the Lodge-room ; in
other cases, we have known it to be regularly com-
mitted to the keeping of the Tiler at the close of the
meeting, and sometimes it is put away in a package
with the Secretary’s books — all of which practices
appear to us extremely reprehensible. It is delivered
to the Master in person, and it ought to remain in
his personal custody. It is true, that even then an
accident might happen ; but, in that event, there
would remain the satisfaction of knowing that the
duty of personal care had been fully dischai ged. In
MASONIC JURISPRUDENCE.
10?
case of loss of the Warrant — by fire, for instance — it
is a simple matter for the Grand Lodge to issue a
new one, equally valid, in a legal point of view, with
the original, but it would only be a duplicate ; and
when, as is not uncommon, all the original signers
have passed away, the loss is irreparable, nor will the
regret attending it be lessened by the reflection that
carelessness may be cited as its moving cause.
Under certain circumstances, the custody of the
Warrant passes to the Wardens, as will be seen when
we come to speak of those officers.
11. In company ivith the Senior and Junior Ward-
ens , to represent Ms Lodge at alt communications of the
Grand Lodge. — While it must be admitted that this
is a right, which came into existence at the establish-
ment of a Grand Lodge, after the revival of Masonry
in 1717, it is none the less, now, inalienable. We see
in the Kegulations of 1721 that it is provided, that
“ the Grand Lodge consists of, and is formed by, the
Master and Wardens of all the regular particular
Lodges upon record.” And, again, “ the majority of
every particular Lodge, when congregated, shall have
the privilege of giving instructions to their Master
and Wardens before the assembling of the Grand
Lodge — ***** because their Master and
Wardens are their representatives, and are supposed
to speak their mind.” From this it follows, that with-
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PRINCIPLES AND PRACTICE OF
out the representatives of the subordinate or particu-
lar Lodges, there is no Grand Lodge; and as no
legislation can be effected without their consent, it is
not to be supposed they will disfranchise themselves.
By the terms of his installation, and as the executive
of the Lodge will, the Master is especially charged
with the duty of representation.
In the exercise of these prerogatives, other and
correlative exhibitions of authority are sometimes
called forth ; as
The control of the minutes, so far as to see that
nothing improper to be written is recorded ; and, on
the other hand, that nothing essential to a fair record
of the proceedings is omitted.
The right to refuse to initiate a candidate, notwith-
standing his acceptance by the Lodge, if, in his judg-
ment, such initiation would be improper.
The right, when the first ballot for a candidate
appears to be unfavorable, to order a second — he
taking care that the necessary cautions be observed,
and that the re-balloting be done before any brother
participating in the first ballot has left the Lodge.
The right to discuss all questions, without regard
to the parliamentary etiquette of leaving the Chair,
because it is his duty, at all times, to give the Craft
good and wholesome instruction; in any remarks,
therefore, which he may be pleased to make, he
MASONIC JURISPRUDENCE.
109
is presumed to act for the best interests of the
brethren.
He signs all drafts upon the Treasurer, without
which, that officer would not be justified in paying
out the Lodge funds.
He is exempt from trial by the Lodge. This pro-
position is a legitimate sequence of his official pre-
rogatives. We have seen that he has the right to
preside at all times, and to decide, without the possi-
bility of an appeal being taken from his decision to
that of the Lodge. If, therefore, a motion should be
offered to put him on trial, he might refuse to enter-
tain it ; and, even worse, he might, if his trial were
allowed in the Lodge, be called to sit as judge in his
own case ; for the Lodge cannot deprive him of his
right to preside. He has the right to appoint all
committees : in selecting one before which his trial
should be had, (where that mode of trial is adopted,)
he would, of course, select his personal friends, and
use his influence with them to secure an acquittal.
It is, therefore, held that some tribunal, other than
the Lodge, shall be charged with the trial of the
Master, and that tribunal is, by universal consent,
the Grand Lodge.
He is entitled, and required to receive the degree
of Past Master previous to his installation, because
it is an indispensable part of that ceremony ; without
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PRINCIPLES AND PRACTICE OF
the possession of which lie could not lawfully preside,
and by which he is furnished with instruction for his
guidance while occupying the Chair.
He cannot dimit or resign during his term of office,
because he has entered into a solemn covenant to
discharge the duties of Master for one year from the
time of his election, which is in itself a promise that
he will not resign. If he cannot resign, he cannot
dimit; because, if allowed to withdraw, he might
affiliate with another Lodge, and thus be Master of
one while a member of another, an argument which
requires no refutation.
No vacancy can occur in his office, except by death
or expulsion. The Constitution of New York pro-
vides another cause, by “ removal beyond the juris-
diction,” which, with all deference to our mother
Grand Lodge, we think untenable, for this reason : —
It is universally conceded that a Master Mason ought
to belong to a Lodge, and that it is his right to affil-
iate with the one that suits him, without regard to
its location or his residence ; or, to make the matter
plainer, that a Master Mason residing in New Or-
leans, may, if he choose, affiliate with a Lodge in
Boston, if the Lodge think proper to affiliate him.
This being true, it follows that removal beyond the
jurisdiction does not affect the membership of the
Master ; and while he continues a member in good
MASONIC JURISPRUDENCE.
Ill
standing, his right to the office in which he has been
installed remains indefeasible.
Where a vacancy actually occurs by death or ex-
pulsion, it is generally held that the Grand Master
may issue his dispensation, authorizing a new election
to fill the vacancy thus created. From this proposi-
tion we also dissent, because it is the admitted pre-
rogative of the Senior Warden, in the event of such
vacancy, to succeed to the Chair, and, in his absence,
the Junior Warden succeeds by immemorial right — a
right which even the edict of the Grand Master can-
not abrogate. If, however, all three offices are vacant,
it would then be proper to hold a new election, under
authority of the Grand Master, but not otherwise.
The conclusion to which the young Mason, after
reading this summary of the powers of the Master,
will naturally arrive is, that he is a perfect despot ;
and so, in one sense, he is — in the Lodge. But the
masonic system is amply provided with what, in diplo-
matic language, are called “ checks and balances
and for every power intrusted to and exercised by the
Master, there is a corresponding responsibility. If
he err — as Masters, being but men, will sometimes
do — there is the superior power of the Grand Master
to correct his error, and restore the status quo. His
powers are a peculiarity of the institution, and cannot
be changed without altering its entire character, which
112
PRINCIPLES AND PRACTICE OF
no one can do, if any were so inclined. Among us
the possession of these powers seems to render the
heedless careful, and the careful, conservative ; and
while the brethren render due obedience, carefully
observing the statutes and regulations, there is noth-
ing to fear from the exercise of arbitrary powers on
the part of the Master. Finally, to again quote Bro-
ther Townsend, “We have seen that the brethren
must, in all lawful things, obey their Master. He, on
his part, should have no object but the advantage,
welfare and comfort of his brethren. We may teach
him our forms, explain to him their meaning, stimu-
late his ambition to discharge his duties creditably ;
but, after all, we must leave him to look within his
own heart for instruction, and to be guided by his
own good sense and good feeling in his general con-
duct. But, although particular rules will not avail
to supply the want of good sense and discretion, yet
there are two general maxims, of which the Master
should never lose sight : — First, to be serious ; sec-
ondly, to be strict in observing what are called the
Landmarks of the Craft.”
PAST MASTER.
Though perhaps somewhat in the nature of an
interpolation, this appears to be the proper place to
call attention to the status of Past Masters. It has
MASONIC JURISPRUDENCE.
113
been well said, that “ Past officers have no powers as
such, except the respect due to their standing, skill
and experience, save what is expressly given them
by the Constitutions of their Grand Lodges,” — al-
though it is but partially true. When a Master has
arrived at the end of his official term, and has installed
his successor, he loses all the rights which, as an
actual Master, he had been exercising, and becomes
again the peer of the brethren, subject, like them, to
be ruled and governed by the new Master ; but by
the very fact of having been installed, and having
served as Master, certain privileges inure to him,
which are not possessed by any brother who has not
attained to that rank. Thus, in the fourth of the
Ancient Charges, it is provided that “no brother can
be a Grand Warden till he has been Master of a
Lodge and that “ the Grand Master has power to
choose his Deputy, who must be then, or must have
been, the Master of a particular Lodge.” The Grand
Master himself is only required to have been a Fellow
Craft ; but in the many changes which these Charges
have since undergone, it has come to be required that
the Grand Master also shall have been Master of a
Lodge. It is clear that, under the present regulations
of the Fraternity, he must be at least a Master Mason ;
but we do not hazard anything in saying, that no
Grand Lodge would now elect a Grand Master who
114
PRINCIPLES AND PRACTICE OP
had not previously acquired the experience of at least
one term as Master of a Lodge. Therefore, we say
that it is a privilege of a Past Master to be eligible
to office in the Grand Lodge. In all Grand Lodges
it is the rule that Lodges may be represented by
proxy when the actual officers are absent : in about
half of them, any Master Mason in good standing,
and a member of the Lodge he represents, can be
such proxy ; in the others, he is required to be a Past
Master. As a general rule, we think that in all cases
a Past Master would have the preference.
A Past Master is qualified to install any Master
elect , when requested to do so, and to be present at
the qualification of a Master elected to the Chair for
the first time.* We may here digress a moment, to
say that, although some authorities declare that a
virtual or Chapter Past Master may be present, and
assist at such qualification, we entirely dissent from
the assertion. The degree of Past Master, as con-
ferred in a Chapter, is a prerequisite to the reception
of the next higher grade, and can only be conferred
on those who have received the preceding or Mark
Master's degree , a qualification not necessarily pos-
sessed by the Master elect, who is about to be quali-
fied for installation, by the reception of the Past Mas-
ter's degree. In one «ase, it is merely a ceremonial
* See Elections.
MASONIC JURISPRUDENCE.
115
qualification for a higher degree ; in the other, it is
part of the installation, by which the Master is in-
vested with power to govern an actual Lodge. Again,
it is the year of service in the Chair that makes him
a Past Master, and not the degree ; while in the Chap-
ter it is the degree, without any service whatever.
The cases are not parallel : one has earned his posi-
tion ; the other, has simply paid for a title. There is
no reason, in Masonry or equity, why their privileges
should be equal.
When the Grand Master is unable to attend to any
duty requiring his presence at a distance from his
home, he selects a proxy to act for him, and always,
when possible to do so, the Master or Past Master of
a Lodge. The same rule governs in the appointed
officers of a Grand Lodge.
A Past Master is always eligible to reelection with-
out further service as Warden, either in the Lodge
in which he originally served or in any other to
which he may attach himself.
As a matter of courtesy, he is invited to a seat in
the East, that he may aid the acting Master with his
counsel, should it be needed in conducting the busi-
ness of the Lodge.
Much argument has been had as to the right of a
Past Master to a seat in his Grand Lodge, by virtue
of his service in the Chair, and for some years the
116
PRINCIPLES AND PRACTICE OF
Fraternity of New York were literally convulsed by
the troubles arising from this source. The real ques-
tion at issue, however, was not as to whether all Past
Masters were entitled to life membership in the Grand
Lodge, but whether those who had acquired that
privilege under a law existing from the very founda-
tion of the Grand Lodge, could be deprived of it by
an enactment ex post facto in its nature and applica-
tion. After long discussion, it was finally agreed,
that while the Grand Lodge might amend its Consti-
tution, so as to exclude all future Past Masters, it
could not in equity take away rights which had been
constitutionally acquired. With this agreement, the
troubles in the Craft disappeared, as if by magic, and
the Fraternity, again united, has ever since flourished
as it never flourished before. There are still, we be-
lieve, one or two Grand Lodges where Past Masters'
are entitled to seats as such ; but the general sense
of the brethren appears now to be, that they have no
privileges but those we have here enumerated.
THE WARDENS.
In every just and duly-constituted Lodge of Free-
masons are two officers, styled respectively the Senior
and Junior Warden. Second only in importance to
the Master, a proper understanding and performance
of their duties is essential to the welfare of the body.
MASONIC JURISPRUDENCE.
117
Doctor Oliver very happily terms them Deputy Mas-
ters; such in reality they are. During the business
of the Lodge, and in what is technically termed the
worhy they are particularly called upon to assist in
the preservation of order, and in the due performance
of the ritual ; and in case of the death, absence, or
inability of the Master, they are authorized and re-
quired, in turn — that is, first the Senior Warden, and,
in his absence, the Junior Warden — to succeed to all
his powers and prerogatives, for the time being. We
use the word all advisedly, because we have frequently
heard it urged that the Warden, presiding in the ab-
sence of the Master, cannot confer degrees, partly
because he has not received the degree of Past Mas-
ter, and partly because the Regulations of 1721 pro-
vide that, in the absence of the Master, his power
reverts to the last Past Master. We cannot write all
that might be said in relation to the degree of Past
Master, but it will answer our present purpose to say,
that its reception is as much necessary to make a
Master, as it is that he should have previously served
a term as Warden, and that he should assent, in the
presence of the brethren, to the questions put to him
at his installation. Hence, though a brother should
serve as Warden twenty years, and should all that
time act as Master, he would not be Master de facto ,
nor at the close of that term be a Past Master, without
118
PRINCIPLES AND PRACTICE OF
a regular election and installation as such, which
would include the degree in question. The degree,
then, is an absolute necessity to him who would be
Master, but not to a Warden temporarily called upon
to assume a contingency of his office.
The regulation referred to was evidently inserted
in the code by mistake, as it contains within itself a
flat contradiction of terms: for though it provides
that “the absent Master’s authority reverts to the
last Master then present,” yet it goes on to say, “he
cannot act until the said Senior Warden has once
congregated the Lodge, or, in his absence, the Junior
Warden.” Dr. Mackey remarks on this question : —
“ The regulation is, however, contradictory in its provisions;
for if the ‘last Master present 1 could not act — that is, could
not exercise the authority of the Master, until the Senior
Warden had congregated the Lodge — then it is evident that
the authority of the Master did not revert to him in an
unqualified sense; for that officer required no such concert or
consent on the part of the Warden, but could congregate
the Lodge himself.
“ This evident contradiction in the language of the regula-
tion probably caused, in a brief period, a further examination
of the ancient usage; and accordingly, on the 25th of No-
vember, 1128, a very little more than three years after, the
following regulation was adopted:
“ * If a Master of a particular Lodge is deposed or dimits,
the Senior Warden shall forthwith fill the Master’s chair till
MASONIC JURISPRUDENCE.
119
the next time of choosing; and ever since, in the Master’s
absence, he fills the Chair, even though a former Master be
present.’ ”*
But, admitting the Regulation of 1721 to be still in
force, it is evident that the real power in the premises
is vested in the Warden : for if he refuse to “ congre-
gate” the Lodge, then the Past Master would be
powerless to do so, and would be without any Lodge
to preside over. Such, except in England, is now
the general sense of the Fraternity, and we therefore
state, as the prerogatives of the Wardens : —
1. The right to assume the Chair in the absence
of the Master, and to exercise, while so occupying it,
all the powers that might of right be exercised by
him, if personally present.
2. The right to represent the Lodge, in company
with the Master, at all communications of the Grand
Lodge. The same reasons apply here as in the case
of the Master. They are a constituent part of the
Grand Lodge, and it is their right, as well as duty,
to be present at its communications. It is the prac-
tice in the Grand Lodge of New York, and we pre-
sume in those of other States, for either of the three
(Master and Wardens) to cast the vote of his absent
associates, on the principle that every Lodge is enti-
tled to three votes.
* “Text-book of Masonic Jurisprudence.”
120
PRINCIPLES AND PRACTICE OF
3. The right, after regular installation and one
year’s service, to be elected Master in any regular
Lodge with which they may affiliate, and which may
choose to confer that honor upon them. And this,
too, without regard to the period of time that may
have elapsed between the close of the term of service
as Warden and the election as Master.
4. In some Lodges, the Wardens are allowed to
appoint the Deacons, but they are few in number,
and the custom is likely to become altogether extinct.
According to the ritual, the Senior Warden is
charged with the superintendence of the Craft while
at labor, and particularly with the preservation of
harmony by certain acts therein specified.
By the same authority, and in virtue of his installa-
tion charge, to the Junior Warden is committed the
superintendence of the Craft during the hours of
refreshment. From this has arisen the practice —
for there is no written law on the subject — of requiring
that all complaints against the brethren for infraction
of our laws should be presented to the Lodge through
him. This custom is now becoming general, and is
every way to be commended ; for if he is responsible
for the proper conduct of the Craft while under his
charge, when at refreshment or during the recess of
the Lodge, it is but fair that he should present all
complaints against them for infractions of the law
MASONIC JURISPRUDENCE.
121
committed during that time. It was the custom,
within our experience, for the Junior Warden to per-
form the duty now assigned to the Senior Deacon, in
the admission of visitors and the reception of candi-
dates ; and we recollect, too, that in some Lodges we
have visited, the Wardens had truncheons, instead of
columns. How the change has been brought about,
we cannot say. In the Trench rite, the Wardens sit
together in the West, and each has beside him one
of the large columns, and, technically, the brethren
on either side of the hall, under their superintend-
ence, are said to be their columns.
In the absence of the Master, the Senior Warden
succeeds to his place, but it does not follow that the
Junior Warden thereby proceeds to occupy the Se-
nior Warden’s vacant station. The Junior Warden
has certain well-defined duties, which, by his installa-
tion, he is bound to perform ; among these is no pro-
vision for his occupancy of a higher station, save in
the absence of both his superiors, when he proceeds
to the East, and becomes acting Master. When, in
the absence of the Master, the Senior Warden as-
sumes the Chair, the prerogative of appointment
vests in him, and he proceeds to fill his own vacant
station by the appointment of a Senior Warden pro
tem.
Finally, in the absence of the Master and Wardens,
6
122
PRINCIPLES AND PRACTICE OF
it is now held that the Lodge cannot be opened, be-
cause there is no one authorized to congregate the
brethren. We have already shown that, even if we
admit the power of a Past Master to preside, he can-
not do so until one of the Wardens has congregated
the Lodge, and that is a power they cannot delegate.
The Wardens cannot resign; and in case of a
vacancy in their offices, by death, suspension or
expulsion, no election can be had to fill it, until the
“regular time of choosing.” They cannot resign, for
the same reason that governs the Master, and, in fact,
all the elected officers of the Lodge, because at their
installation they have voluntarily promised to faith-
fully discharge the duties of their stations for the
term of one year ; to resign, would be to set this
promise at naught, besides making the Lodge a party
to the violation of a plighted word, and subjecting it
to great inconvenience. Moreover, it is the preroga-
tive of the Master to fill such vacancies by temporary
appointments — it being understood, as a matter of
course, that the brethren so appointed would exercise
no powers, save that of assisting the Master during
the meeting for which they might be appointed. In
case of a session of the Grand Lodge, these appoint-
ees would not be representatives, but the Lodge
would lose nothing thereby, for, as already said, the
Master would cast the votes of the absent Wardens.
MASONIC JURISPRUDENCE.
123
THE TREASURER.
In the thirteenth of the Begulations of 1721, it is
suggestively required that “ the Treasurer should be
a man of good worldly substance and this, although
referring to the Treasurer of the Grand Lodge, would
seem to apply with equal force to the corresponding
officer in a subordinate one ; for there is no trust
connected with the Lodge business which, as a gen-
eral thing, is so well understood by the brethren as
its financial concerns. "With greater tact, however,
than the ancients, we do not now so much regard
worldly substance as uprightness and sterling honesty
of character, which are considered better security
than mere wealth, especially as the Lodge, not being
recognized in law, there is no legal remedy against a
delinquent Treasurer. The Lodges in this country
give with a liberal hand, when a case of actual dis-
tress is brought to their knowledge ; they take delight
in real jewels, and expensive furniture and clothing ;
the consequence of which is, that the Treasurer is
rarely overburdened with such an amount of money
as to be likely, even if poor, to forfeit the reputation
of a life-time by yielding to the temptation of appro-
priating to his own use the contents of the Lodge
treasury. But even the comparatively small balance
which, as a general thing, stands to the Lodge credit,
124
PRINCIPLES AND PRACTICE OF
is not left wholly to the keeping of the Treasurer,
but, through the agency of Trustees, is placed in
some public institution, where, in case of need, it
may be called for, with a tolerable certainty that it
will be forthcoming.
The office of Treasurer is of modern date, as may
be seen from the fact, that so late as 1723 , it was
required that an Apprentice, at his making, should
give something to be used for charitable purposes,
which amount was to be taken in charge by the Mas-
ter or Wardens, or the Cashier , if the members saw
fit to appoint one, — the office being evidently of a
temporary nature, and the Cashier to be appointed
or not, as the brethren saw fit. Since that time, how-
ever, the importance of the office of Treasurer has so
much increased, that he ranks immediately after the
Wardens, and in English Lodges is the only officer,
except the Master, required to be elected by ballot.
His duties are fully set forth in the Installation
Charge, and are entirely connected with the Lodge
finances.
Under the general rule, that the elected officers
cannot resign, no vacancy can occur in this office ;
but, in some jurisdictions, the Grand Lodge Begula-
tions allow any officer, except the Master and Ward-
ens, to vacate their offices by resignation. In such
cases, the local statute will necessarily govern.
* v j a r a T^x
OrTKE \
WNIVER8/T V )
MASONIC JURISPKUDEN CE. 125
v~ £ju F O
THE SECRETARY.
We regard tlie office of Secretary as, under our
present organization, one of the most important in
the Lodge. Like that of Treasurer, it can only be
said to date from the revival of Masonry in 1717, the
desultory manner in which Lodge meetings were
held previous to that time requiring no minutes, and
therefore no Secretary: in Article III. of the Old
Regulations, to which we so frequently refer, there
is, however, a provision for the appointment of some
brother to keep, among other books, one in which
shall be all the transactions proper to be written.
This sufficiently describes the duty of the Secretary
to show that, when Lodges assumed a regular organ-
ization under Warrants, his office became necessary
to the preservation of the Lodge history and the
prevention of confusion in its labors, and it is par-
ticularly on this ground that we consider him an im-
portant officer. The Lodge records are its current
history, and, if well and neatly kept, ought to be a
source of pride to the Lodge and of satisfaction to
the Secretary, who should bear in mind that the lines
he traces will live when the hand that made them is
forgotten ; that his children’s children, grown to old
men, may look upon his handiwork, and be grateful
that, through it, the remembrance of the Lodge and
126
PRINCIPLES AND PRACTICE OF
those who had guided its progress had been pre-
served. We have examined the minutes of some of
our old Lodges (still in existence), written more than
a century ago, the paper turned yellow and the
ink brown, but the language familiar as though
inscribed but yesterday, and it has seemed that
the very letters were links binding us with the past,
and proclaiming the abiding and imperishable nature
of our institution. It would, then, be well for every
Secretary of a Lodge to feel as if, in writing his
minutes, he were making history — carving, as it were,
with his pen, an unfading record of his Lodge and
himself. In the discharge of his duties, which are
purely clerical, he should exhibit order, neatness and
punctuality. By this, we mean that he should have
not only a place for every thing, but a regular system
of doing business ; avoiding the slovenly fashion of
writing his minutes on odd scraps of paper, to be
found or not when needed, as the case may be ; the
use of hieroglyphics that none but himself can read ;
the bad habit of entering his minutes on the final
record, as the events occur, without waiting for the
confirmation of the Lodge, and thus incurring the
risk of erasures and interlineations, just as much out
of place there as they would be in a merchant’s leger ;
the trouble-breeding habit of trusting to memory —
which is always sure to desert him when its services
MASONIC JURISPRUDENCE.
127
are most needed — particularly with reference to the
collection of money. All the money of the Lodge
necessarily passes through his hands : he should not
only enter the amount received, in his cash-book, at
the time, but he should also give his receipt for it,
taking care also to exact a receipt from the Treasurer
when he pays the funds over to him. It has been
frequently urged in our presence that among Masons
there should be no receipts exacted or given, which
might be correct, if Masons were perfect ; but as they
are not exempt from the ordinary failings of humani-
ty, it follows that the best-intentioned will sometimes
make mistakes. Now, there is scarcely any mistake
about which it is so difficult to convince a man as
one in which the payment of money is involved. It
is far from unfrequent for a member to insist that he
has paid dues for a certain time, while the Secretary,
finding no corresponding entry on his books, holds
the opposite opinion with equal tenacity ; ill feeling
is often engendered, and a lurking suspicion soon
finds a place in the hearts of the disputants ; all of
which may and should be prevented by the presenta-
tion of the Secretary’s receipt, given at the time of
payment.
It is customary, in the various foreign rites, to ap-
point an officer, known as the Keeper of Seals and
Archives, who takes charge of all documents relating
128
PRINCIPLES AND PRACTICE OF
to the Lodge or its affairs, and who has also the Seal,
which he alone is authorized to apply to all papers
emanating from the Lodge or the Secretary. Among
us, however, the Secretary has custody of the seal,
and its application to the documents ordered by the
Lodge is a prerogative of his office.
Finally, we find the duty of the Secretary correctly
summed up in the maxim, “ That it does not so much
matter what the Lodge does, as what the Secretary
records.” He is to observe the will and pleasure of
the Worshipful Master, and keep a just and true ac-
count of all things lawful to be witten.
TOE DEACONS.
There seems to be some question as to when the
functions of the officers in Lodge, whom we style
Deacons , were first made a part of our ritual. Dr.
Oliver appears to think their introduction as com-
paratively modern. One thing is certain, which is,
that the part of the ritual assigned to the Senior
Deacon is becoming greatly extended, and that, by
apparently common consent, he now performs duties
formerly devolving on the Junior Warden. The
method of their appointment varies in different local-
ities : in some, the Lodge elects ; in others, the Master
appoints ; and, again, in others, the Master appoints
the Senior, and the Senior Warden the Junior Deacon.
MASONIC JURISPRUDENCE.
129
With their duties in the services of the ritual, we
have nothing to do here ; their remaining ones are
principally to act, — the Senior Deacon as the proxy
of the Master, by carrying messages for him about
the Lodge, as desired ; and the Junior Deacon, in a
like capacity, for the Senior Warden. The Senior
Deacon is placed at the right, and near the Master,
that he may be ready to attend to his commands
whenever issued. The Junior Deacon takes his po-
sition at the right of the Senior Warden, and is spe-
cially charged with the supervision of the outer door ;
it being his province to see that none pass or repass
without the needful permission. The distinguishing
feature of the Senior Deacon’s office is, that it de-
volves upon him the reception of visiting brethren ;
and we here trespass on the good-nature of the reader
to express a thought or two, which occur to us in this
connection. Among the first things a brother does,
on going to a strange place, is to ascertain the time
and place of the Lodge meeting, and one of the plea-
sures he, enjoys by anticipation is that of communing
with the brethren in their Temple. Knowing this to
be the case, it would naturally be supposed that the
rites of hospitality would be administered with un-
usual grace ; that the amenities of such occasions
would be found attending the visiting brother, from
the announcement of his name till he is prepared to
130
PRINCIPLES AND PRACTICE OF
go forth again to the outer world. In Europe, such
is the case, and European Masons in this country 7 are
generally distinguished for the affability with which
they receive and greet a visiting brother. But in
American Lodges, the case is too often widely differ-
ent, and the contrast does not place us in the most
enviable light. When, among us, a visitor is an-
nounced, he is received, if a distinguished brother,
with all the formal honors due to his position, but
rarely anything farther ; if merely a lay brother, he
is, if known or vouched for, admitted, but is allowed
to find accommodations as best he may; if the badge
of labor be absent, he is very likely to be promptly
admonished of that fact by the Master, as he will
also be, if he omit any portion of the ceremonial ob-
servance depending on him, wdiicli is correct enough,
but sometimes sadly embarrassing to a young Mason,
to a timid one, or one who essays for the first time
to put into" practice the inculcations of the ritual.
We need a little more politeness — a larger degree of
that suavity which makes a bashful man feel at ease,
and warms the heart of the stranger as though he
■were meeting with old friends. When a person calls
upon us, at our house, we receive him in the best
room, lead him to the best place in it, and make it
our business to know that he is as comfortable as it
is in our power to make him. Wlien we go abroad,
MASONIC JURISPRUDENCE.
131
we expect similar attentions, and we mentally write
that man down for a boor who is so far unacquainted
with the customs of society as to neglect them. Now,
the lodge-room is our Masonic home, and the polite-
ness that we feel called upon to exercise in the do-
mestic circle, ought to be equally manifest there. We
should endeavor to make the visitor feel that we are
glad to see him, glad to have him participate in the
pleasant moments of our gathering, make him so
enjoy his visit, that he will gladly seek an opportunity
to renew it; that, at least, he will remember with
pleasure his call at our assembly. All this can be
done in the legitimate exercise of the functions of
the Senior Deacon; and it is worth while for that
officer to seek distinction, not only for his prompti-
tude in obeying the orders of his superior, but also
for the geniality of his reception of visiting brethren.
THE STEWARDS, or MASTERS OF CEREMONIES*
In the olden times, it was customary for Lodges to
terminate their assemblies by a season of social en-
joyment. In England, where the custom originated,
it still prevails, and is commonly referred to as the
“ Knife-and-Fork degree.” Less than half a century
ago, the American Lodges considered their meetings
incomplete without the table were spread in the ante-
room, and the brethren furnished an opportunity to
132
PRINCIPLES AND PRACTICE OF
refresh themselves before departing for their homes.
The wealthier Lodges had a regular commissariat,
bought their stores at wholesale, and were always
prepared to call from labor to refreshment, in the
actual sense of the word ; relics of which custom may
still be met with in the shape of brightly-polished
coffee-urns, inclosed in glass, and suspended on the
North wall of the Lodge-room. Among a people who
push things to such extremes as we do, conviviality
must necessarily be abused, and that it was so, even
when it flourished, we find from the songs published
for use on those occasions, among which are several
containing sneering allusions to those “ who only go
to Lodge to eat and drink.” The practice, we are
happy to say, has now fallen into disuse ; the senti-
ment of the Craft is against it ; and, that it may not
be renew r ed, some at least of the Grand Lodges have
forbidden by statute the introduction into the lodge-
room or its precincts of any refreshment but water.
In those days, the Stewards were officers of great
importance, being charged, as the name implies, with
the duty of procuring the supplies and dispensing
them to the brethren as occasion required. In addi-
tion to the principal duties of their office, they were
also required to assist the other officers in the recep-
tion of visiting brethren, in the ceremonies pertain-
ing to the several degrees, and in the dispensation of
MASONIC JURISPRUDENCE.
133
the Lodge charities.* The office is still nominally
retained in a majority of all the Lodges working in
the so-called York rite , but in some jurisdictions the
name of Master of Ceremonies is substituted, and it is
probable that at no distant day that will become the
accepted title of the officers in question. With the
change of name, there has been some change in the
routine of their duties. They do not now jmake any
preparation for refreshments, nor do they have any-
thing to do with the collection of dues, that being
entirely in the hands of the Secretary, but in the
reception of visitors and candidates, they are of great
importance. Our remarks on the attention to visit-
ors, in the preceding section, will apply with equal
force to these officers : their polite attentions and
fraternal greetings on such occasions will rarely fail
of appreciation by those to whom they are addressed ;
so, too, with candidates : if the duties of the Masters
of Ceremonies are discharged in a courteous and
* In the Webb installation service, (edition of 1816,) the duties
of the Stewards are defined to be, “To assist in the collection of
dues and subscriptions, to keep an account of the Lodge expenses,
to see that the tables are properly furnished at refreshment, and
that every brother is suitably provided for ; and generally to assist
the Deacons and other officers in performing their respective du-
ties.” Nothing is said of Masters of Ceremonies, which fact suffi-
ciently demonstrates that the change of name is one of extremely
modern invention.
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PRINCIPLES AND PRACTICE OF
kindly manner, the effect to be thereby produced on
the mind of the novice will be correspondingly favor-
able ; and, from this point of view, it is clearly the
duty of the Master, in the appointment of these
officers, to select brethren who by their manners are
capable of inducing a favorable opinion of the Lodge
in whose behalf they act, and of the Fraternity in
general.
THE TILER.
This is one of the four indispensable officers of a
Lodge, and one whose functions and responsibilities
have undergone no change.* He is generally, except
where the By-laws provide a different method, ap-
pointed by the Master, and, from the necessities of
his position, takes no part iu the business of the
Lodge, and is not required to be a member of the
Lodge for which he acts. The very first duty of the
brethren, when about to commence their labors, is to
be certain that the Tyler is at his post ; for without
that certainty, no labor could be felt to be secure
from the interruptions of cowans and eavesdroppers.
He is the sentinel on the outposts, upon whose sleep-
less vigilance we depend for security. But while he
is to be cautious and vigilant in preventing the ap-
* Except, perhaps, in the spelling of his title — i'S-ler — a mod-
ernism against which we respectfully protest.
MASONIC JURISPRUDENCE.
135
proach of those who have not the necessary qualifi-
cations, he should also be courteous in his demeanor
to all who may have occasion to address him. Po-
liteness is not an expensive commodity, and every
Tyler may, therefore, provide himself with an abund-
ant supply, and find his profit in using it freely. The
notion, which some Tylers we have met with seem to
entertain, that it is a portion of their duty to imitate
the fabled Cerberus, is a fallacy that ought to be
exploded. We have read of an executioner, who took
off the heads of his victims with the most winning
affability, and we know of no reason why a Tyler
should be any more gruff than an executioner. Let
him, if he will, imitate the conscript, who refused to
allow the Emperor to pass without the countersign,
but let him do it in a becoming manner, suffering
none to pass without permission, but not acting as
though he were bound to regard every one approach-
ing him as desirous to pass his station at all hazards.
The Tyler is generally required, in addition to the
duty of guarding the outer door, to serve all notices
and summons, to take care of the jewels and imple-
ments against next preparation night, and in all
things to be guided by the will and pleasure of the
Worshipful Master.
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PRINCIPLES AND PRACTICE OF
OTHER OFFICERS.
The officers above enumerated are all that, strictly
speaking, can be said to be required in a Ma-
sonic Lodge, or to have any real official status in it ;
but while these are necessary to make a perfect
Lodge, it is left to the discretion of the brethren to
name others, which is, in most cases, done to give a
quasi official station to some brother or brethren
whom the Lodge desire in that way to honor. Thus,
when a minister of the Gospel is initiated in or affil-
iates with a Lodge, it is not uncommon for the Mas-
ter to appoint him Chaplain , and place in his charge
the religious ceremonies of the society. There is a
propriety in this that commends the practice. The
prayers and invocations of the ritual are more solemn
and effective when pronounced by one who is known
to have received holy orders. We may even go fur-
ther, and say that, when it is possible to secure the
services of such a brother, it ought always to be
done ; it being understood that if he really love Ma-
sonry, he will, in the discharge of his duties, exem-
plify only “ that Religion in which all men agree,’*
leaving the particular opinions of the brethren to
themselves.
For similar reasons, we have known a brother to
be appointed Physician to his Lodge. We could
MASONIC JURISPRUDENCE.
137
never imagine any Masonic reason for the crea-
tion of such an office, except, perhaps, that his
professional talents might be called into operation
in the examination of the physical qualifications
of candidates.
Some Lodges appoint a Marshal , who is to take
charge of all processions and public ceremonials of
the Lodge. If these occasions were of frequent oc-
currence — as, happily, they are not — it might be well
to have an officer who would make himself competent
to officiate ; but as it is, when Lodges do appear in
public — as at a funeral, for instance — a temporary
appointment seems to answer all the requirements.
The Board of Trustees , though not really officers,
but rather a kind of standing committee, occupy most
important relations to the Lodge, particularly when,
by a long and successful career, its funds and prop-
erties have accumulated to a considerable amount.
Lodges, under our civil law, not being incorporated,
are not recognized as having a legal status , or the
rights that ensue : hence, they cannot acquire or
dispose of real estate, or invest their funds, except
through the agency of Trustees. It is, therefore, of
moment that not only should such a Board exist, but
that it should be composed of prudent and discreet
brethren, who will appreciate the confidential nature
of the trust reposed in them, and be governed not
138
• PRINCIPLES AND PRACTICE OF
only by a high sense of honor, but by a desire to
forward the best interests of their Lodge. The first
and strongest claim upon the capital of a Masonic
Lodge is that of a worthy brother in distress, or that
of his widow or orphans in destitute circumstances.
Money for such a purpose loses its ordinary charac-
ter, and becomes a trust, sacred as the fires of Vesta,
and he who wrongfully appropriates or carelessly
administers it, acquires, at the same time, the con-
tempt of every right-minded Mason.
It is usual for the Lodge property to be placed in
the custody of the Trustees, and they also receive and
invest, as the Lodge may direct, all its surplus funds.
The manner of their appointment and their tenure
of office depend altogether upon the By-laws of the
Lodge.
SECTION II.— ELECTIONS.
Of the officers named in the preceding section, the
Master, Wardens, Treasurer, and Secretary are, as a
general rule, required to be elected by ballot. The
others are elected or appointed, as the Constitution
of the Grand Lodge may permit or the By-laws direct.
In England, only the Master and Treasurer are elected
by ballot, the remaining officers, except the Tyler,
being appointed by the Master.
The elections are required to be held annually, at
MASONIC JURISPRUDENCE.
139
such time as may be prescribed by the Regulations
of the Grand Lodge ; generally at the stated commu-
nication next preceding the festival of St. John the
Evangelist (27th of December), though in some cases
on the day of the festival itself, and the installation
must either take place at once, or within some rea-
sonable period thereafter. Until such installation
takes place, it is a settled rule that the old officers
hold over, the installation being the completion of
the election, and the contract — so to speak — on the
part of the officer not only to accept the election, but
faithfully to discharge the duties of his office for the
term of one year, or until his successor has fulfilled
the like conditions; for which reason, as we have
already stated, an installed officer cannot and ought
not to resign. It is doubtful whether there is any
law for this, older than the present century, but it is
a regulation universally sanctioned in the United
States, and it has, therefore, all the force of a Land-
mark.
Should a Subordinate Lodge, from any cause, fail
to comply with the Grand Lodge Regulations, as to
the time of election, it has no authority within itself
to correct the default, but must apply to the Grand
Master or his Deputy for a Dispensation to authorize
an election at a time other than that specified in the
Constitution.
140
PRINCIPLES AND PRACTICE OP
At every election, each member of the Lodge in
good standing is entitled to one vote. On this point,
two questions have been extensively argued: — 1st,
Who is the judge, and what is good standing, so far
as it is applicable to voting at an election for officers?
and, 2d, Are blank ballots, cast at such an election,
votes? These questions are of sufficient importance
to warrant their examination in this place.
It is held, by one side, that a member is in good
standing for all purposes, so long as his name remains
upon the roll, or so long as he has not, after due trial,
been suspended or expelled for unmasonic conduct :
and by the other — with which we agree — that a Lodge
has a right to inflict a lesser penalty than suspension
for a delinquency that may be provided for in its By-
laws. It is admitted that a Lodge has a right to re-
quire the payment of an annual sum (called dues) by
each of its members, the amount of which, and the
manner of its payment, is of necessity left to the
Lodge. In Lodges where such dues are exacted,*
it is now the common practice to insert a clause in
the By-laws, depriving those in arrears for a specified
period of their votes at elections for officers, until
such arrearages have been paid. Now, we cannot
understand why, if a Lodge has the right to enact a
* In Rhode Island, and, we think, Connecticut, the members
of Lodges are not required to pay dues.
MASONIC JURISPRUDENCE.
141
By-law requiring the payment of dues, it should not
also have the right to punish, by a reasonable penalty,
a neglect or refusal to comply with the law. Every
Master Mason is informed at his raising that, after
signing the By-laws, he will be considered a member
in good standing, entitled to all the rights and privi-
leges of the Lodge, and subject to all its rules and
regulations. The Lodge here evidently reserves the
right to judge of his good standing in the future by
putting him in mind of his obligation to “ stand to
and abide by” the rules and regulations. He signs
the official copy of the By-laws, in token of his assent
to their provisions, and of his intention to maintain
them ; he is furnished with a copy, (and if he does
not read it, the fault is his,) and thus he is fairly held
to know them, (just as, in the State, every citizen is
assumed to know the law, and cannot plead ignorance
of it as a justification of its infraction,) and to accept
of certain privileges — among which is the right to
vote — on condition of the performance of certain acts
by him. It is, therefore, submitted that, in all fair-
ness, a member who fails or neglects to pay his dues
as required by the By-laws, violates a promise volun-
tarily given by him, and has no right to complain of
the enforcement of a penalty, which he had likewise
agreed to in advance, and the disability accruing
from which can be removed at once by the payment
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PRINCIPLES AND PRACTICE OF
of a sum justly due. It will be understood, as a
matter of course, that where the non-payment arises
from positive inability, it would not come within the
terms of the regulation, because it would then be
neither refusal nor neglect. The right to vote for
the officers of a Lodge is evidently a household mat-
ter, and, strictly speaking, concerns only the members
of the particular Lodge : it is but just, therefore, that
they should control a subject in which they alone are
directly interested.
The ballot for candidates is widely different : in
that case, it is a landmark that every brother present
should give his consent, and no By-law can change
a fundamental law ; but the rules governing the elec-
tion of officers, being of modem date, are subject to
no such restriction. For these reasons, we are of
opinion that the Lodge is the judge of the qualifica-
tion of its own voters, and that a brother who has
willfully neglected or refused to comply with the By-
law which requires the payment of arrearages as a
qualification to vote at an election for officers, is not
a qualified voter, and, to that extent, not in good
standing.
Secondly. Are blank ballots, cast at an election for
officers, votes? We think they are, and our reasons
are few, and easily comprehended. Let us first ex-
plain that, by a ballot, we understand a slip of paper,
MASONIC JURISPKUDENCE.
143
when the election is for officers ; when it is for candi-
dates, we nse the same word to signify white and
black balls, nsed for the purpose of voting. A ballot
represents a brother’s vote, which is the expression
of whatever opinion he may entertain, and which he
has a right to express without let or hindrance.
Every qualified voter is entitled to one vote, and the
successful candidate must have a majority of all the
votes cast. Now, suppose an election about to take
place, the first thing is to ascertain the number of
voters, suppose we say twenty, of which eleven would
of course be necessary to the success of any candi-
date. The roll is called, and every brother having
deposited his ballot, the tellers announce twenty
votes ; they proceed to canvass, and find that John
Smith has ten votes, William Brown nine, and that
there is one blank. Under these circumstances, there
could be no election ; for no one could be said to
have received a majority of all the votes cast, nor
could the brother who deposited the blank ballot be
lawfully deprived of his franchise : he had a right to
vote as he pleased, and because there was no name
on the slip of paper used by him, it was none the
less his vote, and had been formally deposited by him
as such. Suppose that, instead of an absolute blank,
he had written the name of Mary Smith upon it ;
there would then be no question as to its being a
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PRINCIPLES AND PRACTICE OP
vote ; yet Mary Smith could not, by any possibility,
be a candidate, and a vote for such a personage would
be just as much a vote thrown away, as a blank would
be. Take another view : Suppose Smith to have re-
ceived eleven votes, and blank nine. Could it be
pretended that Smith would be unanimously elected?
Certainly not ; for there would be nine voters, who,
although they did not choose to vote for any one else,
clearly did not vote for him, and yet the expression
of their opinion could not be ignored. The true rule
is, to ascertain the whole number of votes cast, and
then require the successful candidate to have received
a majority of that number, whether the minority be
blanks or otherwise. When, on a question pending,
the vote is taken by ballot, blank ballots are always
counted as in the affirmative.
It is held that, as nominations for office are permit-
ted in the Grand Lodge, by analogy, it is proper to
nominate in the subordinate. As there is no law
against such a practice, there is nothing to prevent
it but the good sense of the brethren, which, so far as
our experience goes, has prevailed, though we know
there are jurisdictions where the practice of nomina-
tions is common. To our mind, the idea of making
open nominations for the officers, at an election in a
particular Lodge, is utterly repugnant — at complete
variance with that calm dignity which ought to char-
MASONIC JURISPRUDENCE.
145
acterize all the proceedings. It reduces us at once
to the level of the ordinary associations of men, and
divests us of an attribute to which we ought to cling
with immovable tenacity. Moreover, it is a practice
for which necessity cannot be urged. The custom of
calling off for a few moments, previous to depositing
the ballots, affords an opportunity for consultation,
and then, labor being resumed, the silent ballot is
more in accordance with the spirit of the Craft than
a resort to the practices of the outside world could
be. "We have been present at a great many elections
in Subordinate Lodges, but never yet at one where
open nominations were made, and it appears to us
that such an act would shock our idea of the propri-
eties of such occasions. "We earnestly hope that no
Lodge will commence the practice, and that those
that have been accustomed to it will see the propriety
of its speedy abandonment.
Much has been written to prove that a brother
elected or appointed to office is bound to serve. It
is sufficient to say, that there is no law for such as-
sertion, but that every Mason is free to accept office
or not. When, however, a brother has been chosen
to aid in the labors of the Lodge, in any station for
which his capacities fit him, he ought, if possible,
to accept, and thus prove that he has its welfare at
heart.
7
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PRINCIPLES AND PRACTICE OF
The results of an election should be immediately
communicated by the Secretary to the Grand Secre-
tary, under his official seal.
Elections are always to be held in a Lodge opened
on the third degree.
In some Lodges, the Treasurer and Secretary are
required to receive and canvass the ballots ; but it is
a better rule to appoint tellers from among the breth-
ren, leaving the officers to occupy their respective
stations.
SECTION III. -INSTALLATION.
The ceremony of installation, which, as we have
already remarked, is the completion of the election,
is, therefore, indispensable to the officers elect ; for
without it they cannot legally enter upon the duties
of their respective offices. For this reason, it should
be performed at the earliest convenient time after
the completion of the balloting.
The act of installation, as will be seen by reference
to the Manual , consists of the presentation of the
officers elect to the installing officer, on whose demand
the brethren acknowledge that they are the persons
elected, and that they (the brethren) remain satisfied
with their choice. (This is the proper time to make
objections, if any are to be made, against any irreg-
ularity that may have occurred on the balloting ; for
MASONIC JURISPRUDENCE.
147
it is held that if the installation be allowed to proceed
without objection, it will then be too late to make
complaint.) In a covenant by the officers elect,
faithfully to discharge the duties of the several trusts
for the term of their election. In the public ac-
knowledgment by the Master elect of his acceptance
of and submission to the Charges and Regulations,
as Masters have done in all ages before him. In an
appropriate Charge to the Master and each of the
officers. And, finally, in rendering homage and due
respect to the new officers.
All these ceremonies, except the qualification of
the officers, may be performed in public ; and we
speak from much experience when we say, that the
effect of such a course, where properly conducted, is
always beneficial — as tending to convince the world
that the duties and responsibilities exacted of our
officers are of a nature to be commended ; that we
seek to maintain no greater secrecy as to our pro-
ceedings than is necessary to preserve the institution
from innovation ; and, as having a tendency, by re-
quiring the officers to assume their trusts in the
presence of their families and friends, to impress
with greater force upon their minds the serious
nature of their undertaking. Public intallations may
be enlivened with appropriate music, and should be
accompanied by an address, in which the nature and
148
PRINCIPLES AND PRACTICE OP
design of Freemasonry and other kindred subjects
may be treated.
It is the province of the retiring Master to install
his successor, but he may, if he please, delegate this
power to any Past Master, but not to any brother of
inferior rank; or, if desired, the new Master, after
his own installation, may install the other officers.
There are some who hold that, in case of Selection,
no installation is needed ; but when we reflect that
the election and the covenant are for a specified term,
we must admit that, with the close of the term, the
obligation ends, and that, therefore, a new election,
beginning as it does a new term, requires a new
covenant and a corresponding installation ; nor do
we appreciate the assertion that a man cannot be his
own successor ; for he commences the new term just
as any other person would, or just as if he had never
occupied the station before. We apprehend that
where a President of the United States or the Gov-
ernor of a State is reelected, he is required to again
assume the oath of office, as though he had never
been inaugurated before, and the cases are exactly
parallel.
There are some jurisdictions where installation is
allowed to be assumed by proxy. The majority of
Grand Lodges are, however, averse to such proceed-
ing ; and we do not see how a man can take upon
MASONIC JURISPRUDENCE.
149
himself an obligation by the lips of another, or how
he could be legally held for the infraction of a yow
he had not personally pronounced.
Immediately after the installation, the retiring
officers transfer to their successors all the books,
money, and property of the Lodge that may have
been in their possession.
■ DIVERSITY
~ Of
*%lt/FORN^
CHAPTER Y.
IMjjt glfttings.
The assemblies of a Lodge, technically termed
communications, are of two kinds — called and stated.
Called meetings, or meetings of emergency, are
entirely within the discretion of the Master, or of the
Warden acting in his absence, as to time, but they
are required to be held at the place usually occupied
by the Lodge. As a general rule, no business can
be transacted at such meetings, except that stated
in the summons or call ; but there are some things
that cannot be done there, even if mentioned in
the summons: as, the presentation of petitions for
initiation or adjoining ; the appointment of commit-
tees to act on such petitions ; the ballot on report of
committees of investigation, previously appointed at
a stated communication ; the dispensation of charity,
or any other disposal of the Lodge funds. This last
item, and perhaps some others, may be considered in
a called Lodge, but they can only be finally and law-
fully acted upon at a stated communication. In like
manner, the minutes may be read and corrected, if
necessary, but they can only be confirmed at a fol-
MASONIC JURISPRUDENCE.
151
lowing regular assembly. The legitimate action of a
called meeting may, therefore, be said to be limited
to, the conferring of degrees on candidates previ-
ously regularly elected, the giving instruction in the
work and lectures, and the public ceremonials of the
Craft, as Dedications, Installations, and the burial of
the dead.
Stated meetings are the regular assemblies of the
Lodge at the time and place named in the Warrant,
and more particularly specified in the By-laws. They
should occur at least once in each calendar month,
and not more than twice in the same period of time.
We are aware that some of the finest and most flour-
ishing Lodges hold weekly communications ; but we
think that, all things considered, it will be found
wisest not to make too frequent calls upon the time
and attention of the members, lest, in the end, they
weary of a pleasure too frequently enjoyed, and little
by little lose their interest in the Lodge and in the
institution. It is difficult to maintain the interest in
weekly meetings, except by a constant succession of
“work,” which is wearisome to the officers and dan-
gerous to the Lodge ; for there is less likelihood of
careful examination into the qualifications of candi-
dates, and of due proficiency before advancement,
where the staple attraction is the conferring of de-
grees, for which other and more important matters
152
PRINCIPLES AND PRACTICE OF
must, almost, of necessity, be sacrificed. Let us not
be misunderstood : we do not assert that sucli is al-
ways the case, but that it is so, sometimes, we know ;
that it may be so frequently, there is danger. One
evil alone that grows out of weekly meetings, more
than counterbalances all the good to be expected of
them, and that is, the reception of a petition at one
meeting, and the report of committee, ballot for,
and initiation of a candidate at the next ; or with
the lapse of only seven days between the petition of
a candidate and his actual initiation into the Frater-
nity. We know that this is done in New York, and
it is within the letter of the Constitution, but it is
so near making Masons at sight, that the difference
is hardly worth mentioning. Anything less than a
month between the petition and the ballot is a viola-
tion of the Old Begulations; and although Grand
Lodge Constitutions may permit an abbreviation of
that time, Lodges should, for their own safety and
stability, waive the privilege, and act upon the old
law. They will be the better enabled to do this, by
having their stated meetings less frequently than
once a week. Finally, if it is thought indispensable
to hold weekly meetings, let the first one in each
month be the stated communication, devoted to the
legislative business of the Lodge, and the others,
special meetings for the conferring of degrees and
MASONIC JURISPRUDENCE.
153
exemplification of the work and lectures ; both the
business and work would thus stand a chance of being
well done, and the value of the maxim, that “ Masonry
is never in a hurry,” be made manifest.
The first business at all meetings, after the con-
gregation of the Lodge, is, of course, the formula of
opening, which we take occasion to say should never
be performed in a slovenly manner, nor hastily slur-
red over, but given in ample detail, for the benefit of
the uninstructed brethren, and for the credit of the
Lodge and its officers. The introduction of music
in this, as well as in other appropriate portions of the
ceremonies, is, in our judgment, to be highly com-
mended. When well performed, either by the united
voices of the brethren, or with the accompaniment of
an organ or harmonium, it seems to predispose the
mind to the exercise of those qualities that ought
especially to distinguish the assemblies of the Craft.
There are those who object to it, because it is made
the means of introducing some inelegant doggerel,
but we are inclined to regard the sentiment, rather
than the versification of what we sing : if the idea
sought to be inculcated is correct, and the music
good, the rhyme is of small consequence.
There is a practice in many Lodges of calling the
roll of officers immediately after the Lodge is declared
open, which, although it has no legal sanction, is
154
PRINCIPLES AND PRACTICE OF
nevertheless not without its use as an inducement to
those brethren to be promptly at their stations, that
they may answer when called, and by their example
lead the members generally to be punctual in their
attendance.
The business of the meeting always commences by
the reading of the minutes of the last stated com-
munication, and of those of any special meeting that
may have intervened, that the latter may be approved,
and that the Lodge may be governed by the former
as to any unfinished business requiring its attention,
as reports of standing or special committees, or any
other item of Lodge business. In this respect, the
qualities of a good Secretary will at once be mani-
fested by the orderly arrangement of the various
topics that may have been acted upon at the previous
communication. Some Secretaries write their entire
minutes in one paragraph, as if the economy of half
a sheet of paper that might be consumed in properly
displaying them would materially affect the Lodge
revenues. Properly, each item should form a sepa-
rate paragraph, and when one is finished, a blank
line should be left before commencing another. A
wide margin is also to be recommended, that brief
notes may be written opposite the important para-
graphs, to indicate their tenor. The object of these
marginal notes is, to enable the Secretary or others
MASONIC JURISPRUDENCE.
155
to discover the record of any particular circumstance
without being obliged to read through the whole body
of the minutes. Brevity — that is, so much as is con-
sistent with clearness — ought to be the aim of the
brother who writes the minutes ; neatness and system
in their arrangement always attract commendation.
At the bottom of the last page of the minutes of each
communication should be entered, in full, the names
of all brethren who have paid money to the Secretary,
and opposite to their names the amount so paid, as
also the items of disbursement ordered by the Lodge.
These items, when so entered, are convenient for
reference ; and after having been read to and ap-
proved by the Lodge, are vouchers of the Secretary's
correctness. Finally, the Master is to observe that
the record is correct, both as to what is written and
what is omitted, before he allows it to be confirmed.
After the reading of the minutes, the proper oppor-
tunity is afforded for the admission of visitors, as it
can then be done with less interruption to the pro-
ceedings, than when the Lodge has entered upon the
transaction of its regular business. No alarm should
be attended to during the ceremony of opening or
closing ; during the reading of the minutes ; while a
brother is addressing the Lodge, or while the Master
is engaged in conferring degrees; nor should any
countenance be given i o the practice of entering or
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PRINCIPLES AND PRACTICE OP
retiring from the Lodge during the most solemn part
of the ceremonies. A proper respect for the Master
and the proprieties of such occasions ought in them-
selves to be a sufficient restraint ; but when they fail,
the authority of the Master should at once be inter-
posed. Visitors may, of course, be admitted at any
time, if the Master choose to allow it ; but it is better
for all concerned that brethren should be at the hall
at the time appointed for the opening, in order that
they may be examined, if necessary, and admitted at
an early period of the communication.
Behavior, in the Lodge and out of it, is so fully
treated in the sixth of the Ancient Charges, that we
need do no more in this place than refer to that
authority.
The method of voting depends upon the subject
on which the vote is to be taken : thus, in elections
of candidates and officers, ballots are used, which, in
one case, are slips of paper, on which the voter writes
his preference, or which he leaves blank ; in the other,
white and black balls, the white being used to signify
the affirmative, or consent ; the black, the negative,
or rejection. On all other questions, the vote is usu-
ally taken by uplifted hands, which, if required, the
Deacons count. Much argument has been wasted in
the attempt to demonstrate the proper hand to be
jphfted — some inclining to the right ; others, with
MASONIC JURISPRUDENCE.
157
equal plausibility, to the left. We have never been
able to perceive that it makes any difference which
hand is used.
Much of the Lodge business is performed, in its
details, by reference to committees. Committees are
of two kinds — standing and special. Standing com-
mittees are usually appointed on electiod night, and
serve for the official year — the purpose of their ap-
pointment being indicated by the By-laws. Special
committees are named as occasion may require, and
are generally discharged when the particular item of
business placed in their charge is disposed of. All
committees are appointed by the Master, unless he
waive the right. It is the custom for the brother
first named in the appointment of a committee to act
as Chairman. Beports of committees should always
be reduced to writing, not only to avoid any misun-
derstanding as to their sentiments, but for the con-
venience of the Secretary and that of the brethren.
All members of committees are in honor bound to
the faithful discharge of the trust imposed on them,
and should make their report with all proper exacti-
tude and dispatch.
In the discussions that sometimes arise in a Lodge
it is, as we have already shown, the prerogative of
the Master to mark the limits of debate, and keep
the brethren within them. Few men, however, are
158
PRINCIPLES AND PRACTICE OF
gifted with the powers of discrimination necessary to
the exercise of so difficult a supervision, and, there-
fore, some rules are sought for which shall suffice to
keep the debate within due bounds, and their ob-
servance be at once a restraint on the brethren and
an assistance to the presiding officer. The mind
thus naturally reverts to what is termed “ Parliament-
ary law,” and the question arises, “ How far may it
safely be used in the business of a Masonic Lodge?”
This question has been most ably and satisfactorily
answered by M. W. Bro. Benjamin B. French, in an
article published in the American Quarterly Bevieio
of Freemasonry . We feel that we are doing the
Craft a service by transferring to these pages its
most important suggestions.
“No body of men,” (says Bro. French,) “no matter how
small, or how well disposed to be orderly it may be, can be
kept in order for the transaction of business, and the debate
which necessarily accompanies it, without a presiding officer;
and no presiding officer, be his talent and capacity for pre-
siding what they may, can keep order unless he be governed
by fixed rules and principles, admitted to be binding by those
over whom he presides. Therefore, we find the custom to be
universal, after the organization of any assembly of individ-
uals, of adopting rules for government, by which they impose
a duty on their presiding officer of administering, and on
themselves of obeying, the rules thus made. In ordinary
MASONIC JURISPRUDENCE.
159
public bodies, these rules are temporary, lasting only during
the legal existence of the body which they are formed to
govern. The House of Representatives of the United States
becomes a new legislative body every two years, and is only
governed by the general parliamentary law until either the
rules of the preceding House are adopted, or a new code
formed. The Senate, being a permanent body, is always
governed by the same rules until it sees fit to alter or renew
them.
“ Masonic bodies are somewhat like the Senate, in this
latter particular. When once formed, they remain Lodges,
Chapters, etc., forever. Therefore, the rules and regulations
by which they are to be governed, ought to be permanent
and uniform. I have noticed, within a few years, a new
feature adopted by some of the governing Masonic bodies,
in the formation of ‘model by-laws/ on which the Subordi-
nates are to found their codes. This is an excellent plan,
inasmuch as it tends to create a uniformity of government in
the jurisdictions wherein it operates. But by-laws are one
thing, and rules of government, while the body is assembled
for business, another.
“ My design in this paper is to present my own views in
relation to the application of regular parliamentary law, so
far as it will apply to the government of Masonic bodies.
“ The term Parliamentary Law originated by being the
designation of the peculiar law which governed and governs
the proceedings of the British Parliament. Laws and rules
adopted by that body became by degrees the governing law
of all deliberative assemblies, so far as they would apply;
160
PRINCIPLES AND PRACTICE OF
*
and as soon as onr forefathers so far established governments
on this side of the Atlantic as to need rules and regulations,
they adopted those of the mother-country; and thus the law
of parliament became, in a measure, the governing law of
American deliberative assemblies; and the law of parliament
has come to be a general term, applicable to all well-estab-
lished rules and regulations adopted by legislatures.
“ The dictum of Hatsell — the best English authority on
precedents extant — that ‘ it is much more material that there
should be a rule to go by, than what that rule is/ is a sound
principle, and applies as well to the government of a Masonic
Lodge as to the House of Commons of Great Britain.
“ All regular meetings of Masonic bodies are fixed by their
by-laws, and the records of the body should always show,
either that the meeting was held, or the reason why it was
not. It is well known to every well-informed Freemason,
that a certain number must be present before a Lodge can
be opened, and that it requires also the presence of certain
officers: therefore, no parliamentary rule applies to the con-
vening of a Lodge. The rule, that a faithful record shall be
kept of what is proper to be written, is a Masonic one; and
the period of no regular meeting should be suffered to pass,
even though the Lodge be not opened, without a statement,
as full as may be, on the record-book, giving the facts as they
occurred, that when the proper inspecting officer makes his
annual visit, he may see as well what has been omitted to be
done that ought to have been done, and the reasons therefor,
as what has actually been done.
“ The Lodge having been duly opened, it becomes at once
MASONIC JURISPKUDENCE.
161
a deliberative assembly for any business that may legitimately
come before it. The Master is the presiding officer, and the
floor is open, under the restrictions of the by-laws, to any
member who may desire to submit any proposition proper for
consideration. And here the parliamentary rules apply in
all their force.
“I will here quote those rules, substituting the words
‘ Master 1 and ‘ Brother ’ for Speaker and Member.
“ When the Master is seated in his chair, every brother is
to sit in his place.
“When any brother means to speak, he is to stand up in
his place, and address himself, not to the Lodge, or any par-
ticular brother, but to the Master, who calls him by his name,
that the Lodge may take notice of who it is that speaks.
“When a brother stands up to speak, no question is to be
put; but he is to be heard.
“ [This rule closes with the words, ‘ unless the House over-
rule him/ It is not customary or proper for the Lodge to
overrule any brother in debate. If the Master deem the
debate irrelevant, he has full power to call the brother to
order, and to keep him within the bounds of order, or to
silence him in a manner known only to Masons. From the
Master's decision there is no appeal to the Lodge.] *
“ If two or more brethren rise to speak nearly together,
the Master determines who was first up, and calls him by
name; whereupon he proceeds, unless he voluntarily sits
down, and gives way to the other.
“ [Here again the House can overrule the Speaker, and
162
PRINCIPLES AND PRACTICE OP
decide which member was first up. But the Lodge cannot
overrule the Master.]
“By the parliamentary law, no one may speak more than
once, to the same question, on the same day. This is a very
wholesome provision, and, unless there be some particular
provision in the by-laws touching this point, it would be well
for the Master, when he thinks precious time is being wasted
in debate, to enforce it. This is a matter, however, that I
consider altogether discretionary with the Master, and in
which he should always be governed by the peculiar circum-
stances of the time. Explanation, as to what has been said,
is always permitted.
“ If the Master rises to speak, the brother standing up
must sit down, that he may be first heard.
“ No one is to speak impertinently or beside the question,
superfluously or tediously.
“ No one is to disturb another in his speech by hissing,
coughing, spitting, or whispering to another, nor to stand up
or interrupt him; nor to pass between the Master and the
speaking brother, nor to go across the Lodge-room, nor to
walk up and down it.
“ If a brother, in debate, use any improper language, any
brother* may call him to order, if the Master do not; and if
there is any dispute as to the language used, it would be
well to have the language -taken <Jown by the brother calling
to order, that the Master may consider it carefully before
coming to a decision.
“As the rules of Freemasonry allow no appeal from the
Master to the Lodge, it behooves every Master to make his
MASONIC JURISPRUDENCE.
163
decisions with great care, and after full consideration; and,
although no appeal can be taken, the Master may, before
his decision, ask experienced members of the Lodge to aid
him with their opinions, and they are bound to respond. The
Master may, if he see fit, express an opinion to the Lodge,
and ask its advice, prior to making his decision.
“Any brother may present a petition to the Lodge, if
properly signed and vouched, at the time when petitions are
in order, or he may hand it to the Secretary, and have it
presented through him. After it is received, it is for the
Lodge to determine what is to be done with it. If no ques-
tion is made by any brother, the petition is referred to the
Master as a matter of course; and when reported upon, the
report is open to amendment and debate, and to final action
by the body to which it is made.
“Upon the presentation of a petition, any brother may
raise the question, and, in that case, the Master is bound to
put the question: ‘Shall the petition be received?' If not
received, no further action can be had relative to it, and it
remains in the hands of the one who presented it, to be dis-
posed of as he thinks proper."
*********
“‘Committees of the Whole' are out of place in a Masonic
body. Lodges can only do business with the Master in the
chair ; for, let who will preside, he is, while occupying the
chair, Master — invested with supreme command, and em-
phatically ‘governs the Lodge.' Any committee presupposes
a ‘ Chairman,' and no Freemason would feel at home, were
he presided over by a ‘Chairman."'
164
PRINCIPLES AND PRACTICE OF
“ There is a difference between accepting and adopting a
report. If nothing is said, it is considered as accepted as
soon as made. If it closes with resolutions, and the report
itself requires no definite legislation, the question is on agree-
ing to the resolutions. If the report itself embodies legisla-
tion, and there are also resolutions attached, the question is
on adopting the report, and agreeing to the resolutions. If
no resolutions are attached, and the report recommends no
action, its acceptance, either tacitly or by a vote, disposes of
it. If it requires action, then a vote must be taken on its
adoption, to make it binding. If it is upon a petition for
admission, no matter whether favorable or unfavorable, the
question is on proceeding to ballot for the candidate, unless
a motion is made to dispose of the report in some other
manner* Reports may be recommitted at any time before
the final action upon them.” * * * * *
“ Motions, in a Masonic body, are governed by precisely
the same rules as in a parliamentary body. Any member of
the body can make a motion, and it must be seconded by
another member, (the presiding officer can second it, if he
pleases,) before it is in possession of the body. If in order,
of which the presiding officer must be the judge, it is then
debatable, or may be put to the question, if no debate is
offered. If the presiding officer require it, all motions must
be put in writing before being acted upon.
Resolutions and Orders are governed by precisely the
* We can imagine no other disposition of such a report, except
to lie upon the table temporarily, or to recommit for further exam-
ination. Its final disposition must be by ballot, for the petition
on which it is based cannot be withdrawn.
MASONIC JURISPRUDENCE.
165
same rules as motions; they are often only motions reduced
to writing: for instance, a brother may move that the Lodge
proceed to ballot for a candidate, or he may introduce a
resolution in writing to do the same thing. Resolutions gen-
erally express opinions, and motions may apply to resolutions,
as ‘a motion to amend/ ‘to lie upon the table/ ‘to postpone/
etc., but resolutions cannot apply to motions.
“ Orders are only used when the body commands, as, ‘ Or-
dered / that the Secretary do so and so, etc.
“Freemasonry knows no ‘previous question/ and no Ma-
sonic body should ever tolerate it.” * * *
“ The Masonic rule should be, that where well-settled par-
liamentary principles can be properly applied to the action
of Masonic bodies, they should always govern; but they
should never be introduced where they, in any way, interfere
with the established customs or landmarks of Masonry, or
with the high prerogatives of the Master.”
To the above we subjoin, for the sake of complete-
ness, the following, by Dr. Mackey :
When a motion has once been made, and carried in the
affirmative or negative, it is in order for any member who
voted in the majority to move for a reconsideration thereof
at the same communication.
When an amendment is proposed, a member who has
already spoken to the main question may again speak to the
amendment.
When a blank is to be filled, and various propositions
have been made, the question must be taken first on the
highest sum or the latest time proposed.
166
PRINCIPLES AND PRACTICE OP
Any member may call for a division of the question, which
division will take place, if a majority of the members consent.
A motion to lie on the table is not debatable.
A motion to adjourn is unmasonic, and cannot be enter-
tained.
The business of the meeting is concluded by the
reading of the minutes, in order that any errors or
omissions may be corrected, while the brethren are
present who have taken part in the proceedings.
They are then approved, which being done, we hold
that they cannot subsequently be altered, even though
a mistake of omission or commission should be made
manifest. The reason is, that the minutes of a Lodge
are the legal record of its transactions, and on Ma-
sonic trials are admitted as evidence : if they were
subject to alteration at will, they could have no such
value, because there would then be no certainty that
the minutes produced were in the same condition
that they were at the time they were recorded.
Where a palpable error is ascertained, it can be
noted in the minutes of the next communication,
and when approved by the Lodge, will stand as the
legal correction of the former minutes.
Finally, the ceremony of closing is to be observed
with the same care as that of opening, and, as before
hinted, it should be the endeavor of Master and
brethren to have it always take place at a reasonably
early hour.
CHAPTER VI
%\t J'l00t Ptmbtrs.
We have, in a previous chapter, stated our belief
in the doctrine that, as in the State, the original
sovereignty resides in the people, so in Masonry, it
belongs to the members of the subordinate or par-
ticular Lodges, but the extent to which it may be
exercised by its original custodians, is now a very
different matter from what it was previous to the
revival of 1717. At that period, Lodges being merely
temporary gatherings for the one purpose of confer-
ring the E. A. degree, membership and its conse-
quences, as now understood, were unknown. Each
individual acted for himself, and entirely without
control or restraint, nor were there any but the most
general relations between individual Masons, except
when a number gave 'their consent to the initiation
of a profane, and attended a meeting held under the
authority of the civil magistrates, to witness and
assist in the performance of that ceremony.* The
* The four old Lodges, which are so often referred to in con-
nection with the formation of the Grand Lodge of England, would
seem to have been an exception, so far as permanent organization
168
PRINCIPLES AND PRACTICE OF
great body of the Craft was then composed of Ap-
prentices, or Masons of the first degree, and the
Annual Assembly was a gathering of the whole Fra-
ternity, or so many of them as chose to attend. As
there were no permanent Lodges, each brother rep-
resented his own interest at the General Assembly,
and the legislation must necessarily have been of the
most primitive character. When, however, the Grand
Lodge was established, and Lodges became perma-
nent organizations, under authority of Warrants issu-
ing from the supreme body, the general powers which
had previously been exercised by individuals, were
merged in the Lodges, and their powers were in turn
circumscribed by delegation of a portion of their
rights to the superior authority of the Grand Lodge,
so that the individual sovereignty may now, in general
terms, be said to be only exercised in regard to can-
didates for initiation or adjoining, in the selection of
officers, and in instructing them for their government
in Grand Lodge. In those days, too, the Grand
Lodge reserved the right to confer the degrees of
Fellow Craft and Master Mason, the applications for
which, as the Fraternity increased in numbers and
is concerned. Their origin and transactions are, however, involved
in a great deal of mystery, which it is not in our power to clear
up. We are not writing history, and, therefore, only speak in a
general sense.
MASONIC JURISPRUDENCE.
169
new Lodges were formed, becoming too numerous
for its capacity, it was obliged to relieve itself of the
burden, by empowering the Lodges to confer the
whole three degrees, and confining itself to the func-
tions now exercised by Grand Lodges.
The result of this change has been, that in all
Lodges deriving their existence from the English
system, as ours do, Master Masons have taken the
place formerly occupied by Apprentices, though in
jurisdictions where the Scottish or Ancient and Ac-
cepted Lite prevails, the change is not so manifest ;
Apprentices in those jurisdictions still participating
in all the business of the Lodge, except conferring
the two superior degrees, and even holding office.
Lodges are, therefore, now composed of Entered
Apprentices, Eellow Crafts and Master Masons, and
the latter may be divided into two classes — affiliated
and non-affiliated. The officers are chosen from the
affiliated Master Masons, because they alone are in
reality members of the Lodge ; but, as we have al-
ready spoken of the officers, we shall be understood
as in this chapter referring particularly to what are
termed “floor members:” that is, Masons not hold-
ing any office, or, in military parlance, “the rank
and file.”
As there are peculiarities attached to each class,
we shall give each a separate consideration.
8
170
PRINCIPLES AND PRACTICE OP
SECTION I. -ENTERED APPRENTICES.
The name applied to the brother who has received
the first degree of Masonry, appears to signify that
he is one who has entered the Fraternity, but only
in the character of a novice or apprentice ; and such
is in truth his present status . The profane who seeks
admission may be said to be a petitioner ; during his
initiation, he is a candidate ; and when the initiation
is completed, he is an Entered Apprentice. In the
Old Regulations, initiation is held to be synonymous
with making a Mason — that is, an Apprentice ; and
the rules that apply to the makings , as they are term-
ed, refer only to the first degree : thus, the rule that
a Lodge may not make more than five new brethren
at the same time, means that not more than five per-
sons may be initiated at the same meeting. The
term “ making ” is never applied to the other degrees,
in which the candidate is said to be passed or raised,
as the case may be. While, therefore, initiation
makes a man a Mason, it only confers upon him a
part of the rights and benefits of the Lodge, the full
privileges being reserved to the Master Masons.
An Entered Apprentice, not being a member, is
not required to pay dues, and cannot make any claim
upon the Lodge treasury ; nor is his family, should
he die before advancement, entitled to claim relief,
as in the case of a member.
MASONIC JURISPRUDENCE.
171
He may visit his own Lodge whenever opened on
the first degree, but he has no voice or vote in the
proceedings, nor can he serve on committees or hold
office.
He cannot travel masonically, nor visit other
Lodges, because he is not in possession of the means
of making himself known as a member in good stand-
ing. Apprentices are sometimes allowed to visit
other Lodges than their own, when accompanied and
vouched by a Master Mason ; but the practice is rep-
rehensible, and ought not to be allowed. Instruction
is due him in his own Lodge, and he should seek and
find it there before going abroad.
He cannot, in case of death, be interred with the
formalities of the institution ; neither can he be al-
lowed to take part in the procession on such occa-
sions, the Lodge, when convened for that purpose,
being always opened on the third or Master’s degree.
He is particularly cautioned against entering into
argument with the uninitiated, because, from his
slight knowledge, he is unable to speak correctly of
the society, and, in the heat of debate, may assert
that which has no existence in fact.
He has the right to apply for instruction in the
degree which has been conferred upon him, that, in
due time, he may be prepared to advance another
step in his profession.
172
PRINCIPLES AND PRACTICE OF
He has the right to apply for the next or Fellow
Craft degree,* but it does not follow that the Lodge
is obliged to grant the request ; for, in that case, the
body could exercise no discrimination, and the rule
which exacts suitable proficiency before advancement
would be void. It is, therefore, the custom, when an
Apprentice applies for the next higher degree, to
require him to submit to an examination, either in
open lodge or before a committee named for the pur-
pose, that it may be known that he is prepared, by a
knowledge of the degree already conferred, for ad-
vancement to another. "When such examination is
satisfactory, it is usual for the Lodge to express its
willingness to advance him by a secret ballot, wherein
one negative vote rejects him, without, however, af-
fecting his standing as an Entered Apprentice. It is
simply a refusal to allow him to advance, but in no
wise interferes with his right to apply again.
We have known cases where, on the application of
an Entered Apprentice for advancement, the negative
ballot has been held to be an absolute rejection, as
in the case of a profane, but there is a wide difference
between the two. The question, on the ballot for
advancement, is not whether the candidate shall be
made a Mason, for that he already is, but simply
* Among French Masons, this is technically called “applying
for higher wages.”
MASONIC JURISPRUDENCE.
173
whether he shall receive a higher degree, and*
unless cause be shown to the contrary, an expres-
sion of opinion by the Lodge as to the proficiency
already made. If a black ball appear, then some
brother thinks the candidate has not sufficiently pro-
gressed in knowledge to be advanced, which opinion
may be changed on another examination. But if it
be held that such a ballot is an absolute rejection,
then a Mason is condemned and executed — so to
speak — without any semblance of a trial, without any
charge being made, and without any proof being
adduced. No such doctrine can be entertained. If
there are reasons, other than want of proficiency, or,
in other words, reasons affecting the moral character
of the Apprentice, then, as a Mason, he has a right
to a fair trial, that he may, if possible, exculpate him-
self, or, in the event of his failure to do so, that he
may be placed in such position as will not only pre-
vent his advancement, but forbid the exercise of his
rights even as an Entered Apprentice. We say, then,
that an Apprentice is entitled to a trial, but it must
be understood that the trial is to be had before Mas-
ter Masons, acting as a committee, that the accused
may be present, and present his defence ; the final
decision will, however, be pronounced by the Lodge,
opened in the third degree, where the Apprentice
cannot enter.
174 PRINCIPLES AND PRACTICE OF
Following this, is the right to appeal to the Grand
Lodge for a review of the proceedings ; for however
limited the rights of an Entered Apprentice may be,
he must be allowed their full enjoyment, and the use
of all lawful means he may deem essential to their
maintainance. Clearly, the right of appeal, after
trial, is one that cannot be denied him.
In case of the removal of an Apprentice beyond
the jurisdiction of the Lodge in which he was ini-
tiated, and on the expression of his wish to receive
the remaining degrees at his new place of residence,
the mother-lodge may furnish him a certificate, set-
ting forth the fact of his regular initiation, together
with its consent that he be advanced in the Lodge
he may select.
In conclusion, it should be stated that in some
Grand Lodge jurisdictions, laws prevail which are
not in accordance with the views here given : in those
jurisdictions, the local rule must be obeyed ; but such
cases are exceptions to the general law.
SECTION n. -FELLOW CRAFTS.
In former times, as will be seen by reference to the
Ancient Charges and Regulations, Fellow Crafts were
capable of being chosen Wardens of a Lodge, and
even, at one time, Grand Master. That was when
the majority of the Fraternity were Apprentices ; but
MASONIC JURISPRUDENCE.
175
when the right to confer the second and third degrees
was ceded to the Lodges by the Grand Lodge, and
Master Masons took the place of the Apprentices, the
rights previously enjoyed by Fellow Craft Masons
disappeared, and they may now be said to have no
rights beyond those of Apprentices, except that of
applying for the third degree. They, therefore, occupy
the same relation to a Master Mason that an Appren-
tice does to a Fellow Craft. They have the same
disabilities as Apprentices, and are entitled to the
same immunities. They are required to make suit-
able proficiency, and to serve some time before they
can be raised to the degree of Master Mason.
The interval required to elapse between the de-
grees is not definitely, or rather not uniformly, settled.
Some Grand Lodges require a month’s probation
between each degree; others more; some regulate
the interval by “ due proficiency.” The Grand Lodge
of New York requires proficiency, and that at
least four weeks shall elapse between initiation and
raising. In England the rule is twenty-eight days
between each degree. It may, therefore, be said to
be a matter of local regulation, as it certainly is sub-
ject to the control of the Grand Master, who may by
his dispensation abbreviate, or entirely abrogate it.
176
PRINCIPLES AND PRACTICE OP
SECTION IV.— MASTER MASONS.
Masons of the third degree of Ancient Craft Ma-
sonry now constitute the body of the Fraternity.
They make up our Lodges, perform their labors, and
contribute the means for paying their current ex-
penses, as well as the demands of needy brethren,
their widows and orphans. Their duties comprise
the various requirements of the institution, and they
are, in their generation, the custodians and conserv-
ators of the trust bequeathed by the fathers, which,
in due time, they will leave to their sons, and thus
perpetuate the institution while there shall remain a
need for laborers in the cause of human progress.
In view of the weighty responsibilities of Master
Masons, it is proper that they should understand
their rights and privileges, which we now proceed to
enumerate.
The first right of a Master Mason is that of mem-
bership, which is of two kinds — actual and honorary.
By actual membership is understood regular affilia-
tion with a Lodge, either as the result of having been
initiated, passed, and raised therein ; by acceptance,
or affiliation after having been previously a member
of some other Lodge, or by having been a member
of a Lodge under dispensation, and remaining there
after the warrant issues from the Grand Lodge.
MASONIC JURISPRUDENCE.
177
It is always understood that when a person peti-
tions for initiation in a Lodge, it is with the inten-
tion of becoming a member (unless the contrary be
expressed), and therefore when the third degree has
been conferred, no further ceremony is requisite save
that of the candidate signing the by-laws, thus re-
cording his willingness to assume his portion of the
duties of Masonry, on condition that he be entitled
to all the rights and benefits that accrue to members
in good standing. This is the first method of obtain-
ing membership. The second is when a Mason de-
sires to change his membership from one Lodge to
another ; he withdraws or dimits from his old Lodge
and petitions the new one to receive him into fellow-
ship. This petition takes the usual course ; a com-
mittee of investigation is named, and on their report
a ballot is had, which, if favorable,* admits the pe-
titioner to membership, on the condition of the fee
as provided by the by-laws, and the appending his
signature to that instrument. We digress here a
moment to say, that among Masons in continental
Europe the act of affiliation is always accompanied
* We have already remarked, in a previous chapter, that the
ballot for an affiliating Mason differs from that for a profane in
this, that if unfavorable his standing is not thereby affected. He
is just as competent to petition the same Lodge, or another, after
rejection as before, and that residence has nothing to do with the
application unless ther > be a local regulation on the subject.
178
PRINCIPLES AND PRACTICE OF
by appropriate ceremonies. The affiliating brother
is required to reuew his covenant of fealty lo the
constitution of the Grand Lodge, and to the regula-
tions of the subordinate to which he is about to be-
come attached. He is then introduced to the breth-
ren by name, official announcement of his affiliation
is made, and he is saluted as a member of the Lodge.
The ceremony, though brief, is one that has always
favorably impressed us, and we submit it to the con-
sideration of the brethren. The third method of
obtaining membership is where a given number of
Master Masons petition the Grand Master to be
formed into a Lodge under dispensation. Should
their prayer be granted, it is the general rule that
they must then withdraw from the old Lodge in
which they had previously been members, member-
ship in the new one accruing to them by their con-
stitution under a warrant from the Grand Lodge, the
risk of which they of course accept. In New York
the rule is, that when Master Masons petition for a
dispensation they must pay up their dues to the date
of such petition and furnish satisfactory evidence of
that fact to the Grand Master at the time of peti-
tioning. If the dispensation be granted, the mem-
bership in the old Lodge remains in abeyance, and
it is optional with the petitioners either to continue
in the n tw Lodge when the warrant is granted, or to
MASONIC JURISPRUDENCE.
179
resume their membership in the old one. This rule
is evidently fair and commendable, as it avoids the
danger of setting men adrift who take part in the
formation of new Lodges, in case the warrant of con-
stitution does not follow the dispensation, and saves
them the trouble and expense of a reaffiliation, in
case they do not think proper to continue in the new
Lodge.
Honorary membership, as generally understood, is
the somewhat modern custom of conferring nominal
membership on a brother for services rendered the
Fraternity in general, or the Lodge in particular. As
it is the law that a brother can only be an active
member of one Lodge at the same time, and as only
active members can participate in the transactions
of the Lodge so far as to vote, hold office, serve on
committees, etc., it follows that honorary membership
when conferred is but the expression of a compli-
ment, and that the honorary member acquires no
positive right whatever. They are generally allowed
to participate in discussion, but this is only an act of
courtesy rarely denied to any visiting brother who
signifies a wish to be heard.
There is, however, in some jurisdictions a kind of
honorary membership which is positive and tangible
in its operation. It is where, by the regulations of
the Grand Lodge, a poor brother, unable to pay the
180
FRINC1TLES AND PRACTICE OF
adjoining fee, may be received by any Lodge with-
out such fee, as an honorary member — by previous
notice and unanimous ballot — and may be excused
by the Lodge from the payment of dues. In this
case the member is entitled to all the privileges of
the Lodge, without being subjected to any of its pe-
cuniary burdens.
From the right of membership follows the right to
visit masonically any regular Lodge. There is con-
siderable difference of opinion as to whether this is
an absolute or limited right. The present Grand
Master of England, and some authorities in this
country, insist upon making the right to visit a posi-
tive one ; the only condition being, that the visiting
brother shall produce satisfactory evidence of his
good standing in the Lodge from which he hails. In
this country, whatever the theory may be, the gen-
eral practice is, however, to make the right a limited
one. And we certainly must say that we can ima-
gine no good reason for any other course. It is true
that Lodges are in a general sense but the subdivi-
sions of one universal family, but it must be admitted
that the members of any particular Lodge have
rights in it superior to the rights of Masons belong-
ing to other Lodges, and when a member objects to
the entrance of a visitor, his objection is, and ought
to be, of greater weight than the claims of the visit-
MASONIC JURISPRUDENCE.
181
or ; for if this were not the case the sitting member
might be obliged to leave the Lodge, and thus be
temporarily deprived of all his rights therein, at the
order of a brother having equal rights in the Fra-
ternity but not in the Lodge. Moreover, it is the
duty of the Master to preserve harmony among the
brethren composing his Lodge ; but if he were
obliged to admit a visitor whose presence would, to
his certain knowledge, disturb that harmony and em-
barrass the work, then he would be deprived of one
of the means of performing an essential duty ; for
peace and harmony are the support of our institution
in a greater degree than in any other. Again, if the
right to visit were a positive one, then Masons who
believe that the landmark requiring candidates for
Masonry to be free-born is still in force "would be
obliged to sit with a certain class of the initiates of
a Grand Lodge which has unblushingly removed
that landmark. Fortunately, however, the question
is settled by the admitted prerogative of the Master
to control the admission of visitors by withholding
that permission, without which they can neither “pass
nor repass.”*
* Dr. Oliyee holds the right to visit to be absolute, but in the
same breath admits that, under certain circumstances, visitors
ought not to be admitted, or if present may be requested to with-
draw, which sufficiently demonstrates the limited nature of the
privilege.
182 PRINCIPLES AND PRACTICE OF
In immediate connection with Masonic visitation
is the subject of certificates or diplomas .* Certifi-
cates being understood to emanate from a Lodge,
and diplomas from a Grand Lodge. There can be
no doubt of the right of a Master Mason in good
standing to furnish himself with a written proof of
that standing, vouched for by tho seal of his Lodge,
or preferably his Grand Lodge, but little or no
weight can be given to such documents in the exam-
ination of a strange brother. They may be received
as collateral evidence, but the true dependence is the
Tyler’s OB., the due trial and strict examination of a
competent and careful committee, who will omit no
question that ought to be asked, and who will accept
no equivocal answers ; acting on the maxim that it
is better that ninety-nine good brethren should be
refused than that one impostor should be admitted.
The right of avouchment is a most important one,
and one in the exercise of which too much caution
cannot well be exercised. There are three rules in
regard to avouching, which may be thus stated :
1st. If you have been present in a regular Lodge
of Master Masons with the brother for whom you
vouch. 2nd. If a brother w T hom you know to be a
Master Mason introduces you to another in person,
and says I have sat with this brother ; or, 3d. If you,
See Appendix.
MASONIC JURISPRUDENCE.
183
as one of a committee appointed by the Master of
your Lodge, have carefully examined a brother, then
you may lawfully Touch for him, and your avoucli-
ment may be accepted by the Lodge. As a general
rule, the personal examination of brethren casually
meeting should not be accepted ; for though there
are undoubtedly many brethren just as competent to
examine a stranger in any proper place as well as
they could in the Lodge-room, yet the great majority
are not thus competent, and it is therefore unsafe to
accept such examinations and thus approve of the
practice. Every Master has agreed in the most sol-
emn manner that “ no visitors shall be received in
his Lodge without due examination and producing
proper vouchers of their having been initiated in a
regular Lodge,” and he will prove faithless to his
vow if he allow the somewhat loose system of mod-
ern avouchment to prevail under his administration.
The simple announcement of “ Brother so and so
vouched for” is a very frail warrant for the admission
of a person we have never seen or heard of before to
a participation in our mysteries. We should know
who is his sponsor, and on what grounds he assumes
that responsibility. While it is the right of every
Master Mason in good standing to vouch for an-
other, on proper grounds, it is equally the duty of
the Master to be satisfied that this important privi-
184
PRINCIPLES AND PRACTICE OF
lege lias not been lightly exercised, before he accepts
the voucher. There are so many ways in which tho
best int&itioned brother may be deceived that thero
should prevail a wholesome caution in accepting any
but the most irrefragible testimony. Thus, the bro-
ther who offers to respond for another should know,
beyond all question, that the one he vouches for is
really a member of the Fraternity, in good standing,
and his knowledge must be obtained, not from an or-
dinary conversation nor a loose and careless inquiry,
but from strict trial, due examination, or lawful Ma-
sonic information, which one of the unwritten land-
marks require as prerequisites to avouchment. The
sixth subdivision of the sixth of the Ancient Charges
provides that — “You are cautiously to examine a
strange brother, in such a manner as prudence shall
direct you, that you may not be imposed upon by an
ignorant false-pretender, whom you are to reject with
contempt and derision, and beware of giving him
any hints of knowledge.” Nothing can lawfully be
taken for granted, nor should shortness of memory
be suffered to excuse the filling up of an inconvenient
blank. If the would-be-visitor has paid so little heed
to his first instructions, or so little attention to the
claims of the Fraternity, as to become rusty, he should
go where he is known to obtain his information, and
be disappointed if he expect to pick it up from an
MASONIC JURISPRUDENCE.
185
examining brother or committee. In this we would
be understood as referring to those important mat-
ters that are indispensible, and not to some of the
minor details that only a bright Mason could be ex-
pected to have at his finger-ends. The particulars
of an examination cannot, of course, be detailed here,
but we may say, in general terms, that the errors or
inadvertencies of the visitor should not be corrected,
for that would be giving him the hints we are warned
against. With an aged brother, or one who has long
been debarred the privileges of the Craft by journeys
or sickness, patience should be exercised. If he has
ever received the true light, the spark, though dimmed
will eventually brighten up by his own unaided en-
deavors ; and one such trial will always serve to re-
mind him of the necessity of keeping his treasures
where he can find them when wanted. But it is not
so much from any carelessness in regard to examina-
tions that we have to apprehend danger, as from the
uncertain application of what is termed “ lawful in-
formation.” The Tyler’s voucher is very often an
uncertain guide ; for among the numbers that pass
his guard he may be deceived by great similarity of
personal appearance, or from a conviction that he,
having seen the person somewhere, that place must
have been in a Lodge ; or the Tyler may have known
that a person was a member of a Lodge, but not that
186
PRINCIPLES AND PRACTICE OP
he had been put under discipline. Other instances
might be named, but they will readily suggest them-
selves to the brethren. Examinations conducted by
an inexperienced or unskillful brother can afford no
just grounds for an avoucliment, because he cannot
be supposed to have the ability of detecting error, or
the judgment necessary to avoid conveying informa-
tion which should be withheld. If a brother vouch
for another on the ground of having sat with him in
Lodge, he should also be able to state positively that
it was a Master s Lodge, duly and legally constituted,
and not a Lodge of Entered Apprentices or Fellow
Crafts. Written vouchers, though indited by your
nearest friend, are of no positive value ; they can-
not lawfully contain any of those things which it is
indispensible the visitor should know, and can afford
him no assistance when put to the ordeal of strict
examination. Personal avouchment from one bro-
ther to another may be accepted, but no further ;
and then only when the brother vouched for is in
presence of the one giving the information and the
one receiving it ; and then it must be given with the
intent of being used Masonically, and be full, explicit,
positive, and based on actual knowledge of a Masonic
character ; but when Brother A informs Brother B
that Brother C told him that Brother D was a Ma-
son, the information becomes too loose to have a law-
MASONIC JURISPRUDENCE.
187
ful value, and must be discarded. Finally, the safest
and best rule for all concerned is for the visiting
brother to be at the hall half an hour before the time
fixed for Lodge opening, that he may have abundant
time to prove his qualifications by the scrutiny of a
regular examination.
The right to a Masonic trial by his peers is to the
Mason, as to the citizen, the inviolable safeguard of
all his other rights, and it is therefore an unchange-
able law that the recognised punishments of Masonry
can only be inflicted after a regular trial, during
which, and until the final verdict is pronounced by
the Lodge, he is entitled to the presumption of inno-
cence, and remains in good standing. The method
of proceeding in Masonic trials will form the subject
of a separate and special consideration, and we
therefore in this place only consider the right of
every Mason to the benefit of such proceedings when
by his conduct, or by the imputation of wrong, he
becomes liable to impeachment. The enjoyment of
the rights that inure to a Mason is that which dis-
tinguishes him from the profane, and entitles him to
consideration among his brethren. Mere worldly
justice, much more then, the sacred ties of the bro-
therhood, require that the penalties for immoral or
unmasonic conduct should only be inflicted after
trial, in which the charges shall have been sustained
188
PRINCIPLES AND PRACTICE OF
by ample proof, in which full opportunity shall have
been afforded the accused to make his defence, and
which proceedings shall have been approved by a
majority of the brethren in open Lodge. The peers
of a Master Mason are all other Master Masons in
good standing in his Lodge, and therefore a Lodge
has original jurisdiction for the purpose of trying
any of its members save the Master, whose peers,
while he remains in office, they are not, and whom,
therefore, they cannot try.
The natural sequence of the right to a fair and
impartial trial is the right of appeal. Human na-
ture is fallible, and men, however just their inten-
tions, are liable to err ; and it has therefore been
provided that in all trials the accused brother shall
have the right, when the Lodge has pronounced
sentence, to appeal to the final adjudication of the
Grand Lodge. The foundation of this right is found
in the Sixth Charge, in these words : “ If any com-
plaint be brought, the brother found guilty shall
stand to the award and determination of the Lodge,
who are the proper and competent judges of all
such controversies, unless you carry it by appeal to
the Grand Lodge * * The requisites of an
appeal (unless otherwise provided by the local reg-
ulations) are : 1st. That the appellant shall notify
the opposite party of his intention to appeal. 2d.
MASONIC JURISPRUDENCE.
189
That a copy of all the proceedings in the case,
attested by the secretary and Lodge seal, shall be
forwarded to the Grand Lodge without delay. 3d.
That the appellant furnish the Grand Lodge, through
the Grand Secretary, with a full and clear statement
of the grounds of his appeal ; and 4th. That a copy
of this document be furnished to the adverse party.
When a case is thus brought before the Grand
Lodge, it is usually referred to a committee, who
examine the papers, hear explanations from either
or both parties, and report their judgment as to
whether the proceedings ought to be reversed or
confirmed, and on that report the Grand Lodge de-
cides. Proceedings thus conducted are strictly ap-
pellate, but it is held that the Grand Lodge, being
the supreme tribunal, may in its discretion assume
original jurisdiction, hear new evidence, and make a
new verdict. There is no doubt but that many Grand
Lodges do thus act, but we must say that the power
is one that ought not to be exercised except in an
extreme case. The safer and just plan would seem
to be, when there is manifest error in the proceed-
ings, when the verdict is not in accordance with
the evidence, or when the punishment awarded is
too lenient or too severe, to send the case back for
a new trial, with such recommendations as it may
be proper to make, to the Lodge, who are “the
190
PRINCIPLES AND PRACTICE OP
proper and competent judges in all such contro-
versies/ ’
Pending the appeal, the brother found guilty must
submit to the award of the brethren, so far as the
exercise of any of his Masonic rights, save that of
appeal, is concerned, because the Lodge having ori-
ginal jurisdiction had the right to pronounce sen-
tence, which must therefore be in effect until abso-
lutely reversed by the superior authority of the Grand
Lodge. It may be objected, that in a case of defi-
nite suspension, say three or six months, the appel-
lant would actually suffer the entire punishment be-
fore an appeal which might reverse the sentence
could be heard in Grand Lodge ; but of this there
is no real danger, for it cannot be doubted that dur-
ing the recess of the Grand Lodge the Grand Mas-
ter has ample power to entertain an appeal, and or-
der a new trial if found necessary, or grant a stay of
proceedings until the assembling of the Grand
Lodge.
It is held, in a majority of the Grand Lodges of
this country, that where a Lodge has passed ^sentence
of indefinite suspension or expulsion — two names for
the same thing, in effect — though the Grand Lodge
may, on appeal, reverse the sentence for irregularity
or want of proof, it cannot and does not by such
reversal reinstate the member in his Lodge. This
MASONIC JURISPRUDENCE.
191
proposition is so diametrically opposed to common
justice and common sense, <4hat we trust to be ex-
cused for devoting a page or two to its considera-
tion.
The object of the review by the Grand Lodge is to
ascertain by impartial investigation that the pro-
ceedings have been regular, and that the finding is
warranted by the evidence ; and until this conclusion
is arrived at, the adjudication is not complete, and
the accused brother remains so far connected with
the institution (taking the supposition that the ver-
dict was one of expulsion) as to have the right, by
his appeal, to this final determination of the matter
by the supreme tribunal. If the verdict of expul-
sion pronounced by the Lodge at once severs the
connection of the individual with his Lodge and with
the Fraternity, then all his Masonic rights are at
once abrogated, and he could not enjoy the right of
appeal, which is one of them. But the verdict of
the Lodge is, and can only be, conditional, because
the right of appeal is inalienable, and no brother can
be deprived of it till his case has been finally re-
viewed and decided by the court of last resort.
Hence, when a new trial is granted, a new appeal
follows, just as if no previous trial had occurred. If,
however, we admit the contrary view, then Masonic
justice is a mockery, and the form of trial a solemn
192
PRINCIPLES AND PRACTICE OP
farce ; for if tlie reversal of the entire proceedings
below does not place the brother in precisely the
same situation he occupied before the charges were
preferred, then all that is necessary to be done when
a Lodge desires to get rid of a member is to trump
up charges against him, declare him expelled, and,
though the charges be false as the Father of lies, he
is deprived of his membership beyond remedy ; and
if the Grand Lodge, when upon examination it finds
that the charges are unsustained, cannot reinstate
him in all his rights, or rather cannot declare (and
enforce its declaration) that he has not been deprived
of any right, then it is lawful to vacate a brother’s
membership at will, and the right of appeal is no
right, since it cannot procure the administration of
the simplest form of justice. The advocates of this
doctrine endeavor to justify it by saying that every
Lodge is the judge as to who shall be its members,
and that the Grand Lodge has no power to force any
of its subordinates to accept a member against its
will. As a general proposition, this is true ; but in
the case of a reversal of judgment the Grand Lodge
does nothing like forcing a member upon the Lodge ;
it simply says : “ We have examined your record ;
we find your proceedings wrong, and that the evi-
dence you have furnished us does not establish the
charges made ; they are therefore null and void
MASONIC JURISPRUDENCE.
193
and the result is to restore the state of things that
existed before proceedings were commenced ; and
hence the brother continues the membership, of which,
by the reversal of the sentence, it is declared he had
not been deprived.
Appeals from other acts and decisions of the Lodge
besides those relating to trials are sometimes taken.
Appeals from the decision of the Master in the chair
are likewise to be made to the Grand Lodge or Grand
Master— usually to the latter, or to his deputy, for
the reason that they generally involve some point or
principle which it is necessary to the harmony of the
Lodge should be decided without delay. This ap-
peal is the safeguard of the member against any ex-
ercise of arbitrary authority by the Master, and the
“ check” by which he is restrained from the use of
his high prerogatives to the injury of the Lodge or
the brethren.
The right of relief , when in circumstances of des-
titution and distress, is one of the most ancient and
well-established rights of the individual Mason. It
existed before the constitution of permanent Lodges,
and before the institution of the Grand Lodge. It
has in modern times been modified in the case of
non-affiliated Masons, but otherwise remains as in
the beginning ; for a Mason has a claim not only to
the benevolence of the particular Lodge of which he
9
194
PRINCIPLES AND PRACTICE OF
is a member, but upon that of the whole Fraternity
wherever dispersed ; a claim, too, that after his death
inures to his widow and children. Belief as now
given may be said to be of two kinds : personal, that
is, donations from individual resources to relieve a
destitute brother ; and, from the funds of the Lodge
or Grand Lodge, for a like purpose. In the present
day, when there is a Lodge in every village in the
land, it appears to us that the claim upon individual
members ought not to be enforced ; for the tax is in
many instances beyond the ability of the brother, es-
pecially if he be well known, or live in the vicinity of
persons inimical to the institution. Money contrib-
uted to the Lodge fund is deposited for the very
purpose of relief, and every contributor ought to be
allowed to refer applicants to it, unless, of course,
where he is persuaded that it is a duty to give from
his own pocket, as well as from the Lodge treasury.
"We speak on this topic from an extended personal
experience, and from actual knowledge that the be-
nevolent feature of the Masonic association has been,
and will be, liable to great abuse ; for on it has growm
that unsightly parasite Masonic vagrancy. To a su-
perficial observer, it would seem that our system was
expressly intended to provide against mendicancy in
any shape, and that our professions of benevolence
are but hollow shams, while we allow our own kin-
MASONIC JURISPRUDENCE.
195
dred and people to fall into the vicious state of pro-
fessional beggars ; but those who are in the habit of
looking beyond the surface need not be told, that
Masonry does not pretend to be an eleemosynary es-
tablishment ; that it is rather a system of morality,
one of the duties of w T hich is, to relieve the distresses
of its worthy adherents, and those of their widows
and orphans ; or, in other words, that charity, or the
giving of alms, is but an adjunct to other and more
important duties. Saith the law : “ If thy brother be
waxen poor, and fallen into decay with thee, then
thou shalt relieve him ; yea, though he be a stranger
or a sojourner ; that he may live with thee.” (Levi-
ticus xxv., 35.) And it truly describes the real pur-
pose of Masonic donations. For this purpose our
members cheerfully impose upon themselves a tax
which, as citizens, they would not submit to without
murmuring, and the proceeds of which they give with
a liberal hand, not only to the “ brother waxen poor”
among us, and those who have a natural right to ask
in his name, but also, in too many cases, to those
who neither have, nor ought to have, a claim upon
anything but the way to the door.
This is a defect of our present administration of
charity that is daily working evil not only to the
Craft, but to the recipients themselves ; for we hold
that money given to the idle and viciously disposed,
196
PRINCIPLES AND PRACTICE OP
not only does wrong to the giver, but also to the re-
cipients, as they are thus encouraged not only to
continue a life of idleness, but to exercise their wits
for new methods of imposing on the too credulous
stewards of a fund intended for a far different purpose.
The practice of benevolence is often and strongly in-
culcated in our ritual, in monitors, and in all publi-
cations which undertake to treat of Masonry; but it
is in almost every case taken literally, and without
consideration as to what true benevolence is. We
say that the mere giving of money is not charity, for
charity implies love, and requires discrimination.
Our gifts, unlike the gentle dew of heaven, should
not fall alike on the just and the unjust ; for vice,
# like noxious weeds, grows rampant enough without
fertilizing. Add this consideration : that every dol-
lar misgiven to an impostor is two dollars taken from
the true claimant, and a sufficient reason will be
found for the exercise of greater caution than seems
to prevail among the Lodges of our country. While,
therefore, we would applaud the liberal assistance
given to those Jcnoivn to be worthy, we would equally
condemn that loose giving that merely requires the
presentation of a doubtful paper and a plausible
story to unloose the purse-strings. We do not speak
unadvisedly when we thus characterise a process
vastly too common to be either denied or sufferedLo
MASONIC JUEISPEUDENCE.
197
continue without expostulation. We do not for a
moment call in question the intention of those who
so freely give the Lodge means to applicants, but we
warn them that they cannot thus discharge the trust
reposed in them, nor be certain that in thus giving
they are in reality assisting the meritorious; that,
on the contrary, they thus in many instances furnish
the means for idleness and dissipation, and in the
same proportion deprive themselves of the pleasure
they might otherwise enjoy in giving more generous-
ly to those whose right is undisputed.
We hold that even in the latter case there is more
than money required in the fulfillment of our duty.
Money will often cut the knot of a difficulty which
it were better to spend a little time in untying. A
word in season to the desponding, or of encourage-
ment to those honestly striving, may produce more
lasting benefit than any amount of money could do
without them. “ Words fitly spoken are like apples
of gold in pictures of silver.” How often have such
words enlivened the gloom of affliction and converted
the night of despair into the morning of joy ! How
have they reclaimed the wanderer from the paths of
vice, and shielded the unfortunate from the shafts of
malice and oppression ! *Yet how often is their value
lost, and conscience silenced, by adding an extra dol-
lar or so to the appropriation ?
198
PRINCIPLES AND PRACTICE OF
To be entitled, therefore, to ask relief, a Mason
must not only be in real need, but he must be worthy
and under the general ruling, a member of some
Lodge ; for one of the disabilities of non-affiliated
Masons is, that they have no claim on the benevo-
lence of the Fraternity. Where the application is
made by the widow, or in behalf of orphan children,
it is required that proper documentary evidence be
furnished that the applicants are entitled to claim
relief in the name of a deceased brother. There can
be no question that when the widow of a deceased
Mason marries a second time she loses all claims
upon the Fraternity accruing from the membership
of her first husband. The minor children are, how r -
ever, regarded as still having a claim.
In connection with this topic, the establishment of
Lodges, or Boards of Relief, presents itself ; but as
their management is purely one of convenience, and
subject to no law but what the brethren controlling
them may see proper to enact, it is out of place in
this Treatise. We, however, warmly approve of and
earnestly recommend them to the Craft of all large
cities and towns, as having proved the best safe-
guards against impostors, and the best defence of the
worthy distressed.
The right to withdraiv from membership, or, as it
is technically called, to dimit, is one that leads to
MASONIC JURISPRUDENCE.
199
great differences of opinion. The law of 1721, that
“No set or number of brethren shall withdraw or
separate themselves from the Lodge in which they
were made brethren, or were afterwards admitted
members, unless the Lodge become too numerous,”
evidently does not apply to the occasional withdrawal
of individuals, because in addition to the term “ set
or number of brethren” it is required that the with-
drawal should only take place when the Lodge be-
comes too numerous ; that it should be for the pur-
pose of forming a new Lodge, and that such purpose
should have the sanction of the Grand Master or his
Deputy, by the issue of his dispensation to form such
new Lodge. This was evidently to guard against the
possibility of a number of the brethren, under the
influence of sudden passion, withdrawing from a
Lodge, and perhaps breaking it up. And though the
same purpose might be accomplished by the with-
drawing of one individual after another, there is at
all events a better opportunity for reason and a sense
of duty to resume their sway, than if the majority
should be allowed to dimit at once. This is, how-
ever, an extreme case, hardly likely to occur, because
the majority would have the right to control the af-
fairs of the Lodge, and direct its legislation to suit
their own views.
We refer to the right of an individual Mason, fox
200
PRINCIPLES AND PRACTICE OF
reasons of his own, to sever his connection with the
Lodge of which he may be a member, and we fail to
discover any general law to prevent it, except that
the dimitting member shall be clear of the books —
that is, have paid all indebtedness to the Lodge, and
that there be no charges against him pending at the
time of such dimission. Such has been the custom
in this country from the the first introduction of Ma-
sonry into it till within a few years. Various attempts
have been made to put a stop to the evil of non-affil-
iation ; first, by attaching disabilities to that condi-
tion, and then by requiring the withdrawing member
to obtain the consent of his Lodge, in addition to the
requirements above stated. The argument is, that
as the consent of the Lodge is required for the ad-
mission of a member, so it should be necessary to
the severance of that connection. Speaking of this
argument, a distinguished Craftsman has w r ell said :
“ The theory here laid dowm may be one which com-
mends itself to favorable consideration, but I feel
constrained to say that, in practice, it is not entitled
to the same regard. I can see no valid reason w T hy
a brother in good standing, if not a Master or War-
den, who has discharged all his pecuniary obliga-
tions to his Lodge, and so long as he leaves members
enough to form a working Lodge, should not be per-
mitted to dimit of his own volition, and without tak-
MASONIC JURISPRUDENCE.
201
ing any vote whatever on the subject. Many things
might be said which would sustain this view, but I
will only cite a single case. It is impossible to en-
force the regular attendance of a member of a Lodge
who has been foiled in his effort to withdraw from it,
except by the service of a summons upon him previ-
ously to each communication. Even that compulsory
process might be evaded by a brother, if he should
so choose, without making him liable to the infliction
of any penalty. We will suppose that such a brother
had conscientious scruples, which, if disclosed, would
involve the honor of his family, against associating
with a member of his Lodge ; or suppose any other
cause to exist, leading to the same result, what be-
comes the necessary effect of this? The brother
either suffers his name to be struck from the roll for
non-payment of dues, or pays dues for privileges
which he cannot conscientiously enjoy, and avoids
attendance on his Lodge. Hence it is that the Craft
loses the services of a good member, and virtually
puts him out of the pale of association of a Lodge
which he can call his own, by preventing his affilia-
tion with one more congenial to his taste, or his
sense of propriety. I can see no good reason why
we should not return to the voluntary system, under
which we very happily worked in years past.”*
* M. W. John J. Crane, M.D. ; annual address to the Grand
Lodge of New York, 1863.
202
PRINCIPLES AND PRACTICE OF
As it is undoubtedly true, that a brother kept in
affiliation with his Lodge is only a nominal member,
and can be of no earthly use beyond the amount of
dues he may contribute, we think, with the brother
jtist quoted, that the interests of all parties would be
best served by leaving each member to change his
affiliation, or even to incur the odium of non-affilia-
tion, when he can no longer maintain the emulation
as to who can “ best work” and who “ best agree.”
But if we admit the right of a brother in good stand-
ing to withdraw at pleasure, we cannot deny that the
granting of a certificate of that fact is a legislative
act which the Lodge may or may not do. Without
that certificate the brother cannot affiliate elsewhere,
for it is the general sense of the Craft that no Lodge
can affiliate a member unless he be able to show that
he has honorably withdrawn from the Lodge to which
he last belonged, and that evidence is the dimit.* It
is therefore most masonic and fraternal that the sev-
erance of membership should be a matter of mutual
understanding ; that the brother should understand
that if he withdraw in the heat of passion, or against
the sense of the brethren, he incurs the risk of losing
the document necessary to his admission elsewhere ;
and, on the other hand, that the Lodge, when a bro-
ther in good standing desires to withdraw, and a
See Appendix.
MASONIC JURISPRUDENCE.
203
fraternal remonstrance fails to change his purpose,
should allow him to consummate his purpose, and
afford him the requisite facility for an affiliation that
may be more convenient or agreeable to him. It will
be understood that where there is a local regulation
it will necessarily govern any action that may be pro-
posed or taken.
Where a vote is taken on an application for a
dimit, and carried in the affirmative, it cannot be re-
considered, for the reason that by the announcement
of its passage the member at once becomes non-affil-
iated ; and though he might instantly repent of his
application, he can only regain his lost membership
by petition and a unanimous ballot in his favor. A
dimit must be applied for in person, or if in writing,
then over the proper signature of the brother desir-
ing it. The act cannot be accomplished through a
third party, for evident reasons.
Lastly, a Master Mason who dies in good standing
has a right to burial with the ancient formalities of
the institution. The earliest authority we find upon
this subject is that of Preston, who says : “ No Ma-
son can be interred with the formalities of the Order
unless it be at his own special request, communicated
to the Master of a Lodge of which he died a mem-
ber ; foreigners and sojourners excepted ; nor unless
he has been advanced to the third degree of Mason-
204
PRINCIPLES AND PRACTICE OP
ry, from which restriction there can be no exception.
Fellow Crafts or Apprentices are not entitled to the
funeral obsequies.” As the first edition of Preston’s
Illustrations, from which this extract is taken, was
published in 1772, it is questionable whether the cer-
emony at funerals, and the regulations concerning
them, were very much older than Preston himself.
They are now, however, universally obeyed, and the
exhortation at the grave, written by him, is substan-
tially that in use throughout the United States. It
is now held that none but affiliated Masons, except
foreigners or sojourners, have a right to masonic
burial ; and hence, that non-affiliated Masons cannot
be thus interred, which is in accordance with the
regulation quoted ; for the request must have been
preferred to the Lodge of which the brother died a
member. In the case of a member who dies in good
standing, but without making such request, the fu-
neral honors are generally accorded to his remains
at the request of his family or near relatives.
It was a rule in Preston’s time, that there should
be no funeral or other public procession in the badges
and insignia of masonry, without a dispensation had
first been obtained from the Grand Master or his
Deputy ; and the avowed object of the regulation
was to prevent the too frequent appearance of the
brethren in public, and that, too, on occasions not
MASONIC JURISPRUDENCE.
205
likely to advance the cause of Masonry, or enhance
its position in the public estimation. For like rea-
sons a similar rule prevails in nearly every Grand
Lodge jurisdiction in this country, though the law is
generally more stringent in large cities than in the
rural districts, where there is less liability to abuse.
A proper regard for the proprieties of a funeral
solemnity requires that the brethren should wear
dark clothing, and leave at home all Masonic deco-
rations but plain white aprons, white gloves, and the
sprig of evergreen.
SECTION V.-NON-AFFILIATED MASONS.
By non-affiliated Masons is understood those
brethren who have received the several degrees of
symbolic Masonry, but who are not attached to any
Lodge, which, previous to the revival of 1717, was
the status of the whole Craft ; when, as we under-
stand it, Lodges were distinguished by their place
of meeting : as, those at the Goose and Gridiron, in
St. Paul’s churchyard ; the Crown, in Parker’s lane,
near Drury lane ; the Apple-tree Tavern, in Charles
street, Covent Garden ; the Bummer and Grapes
Tavern, in Channel-row, Westminster, etc., rather
than by any permanent or continuous organization,
and a Mason was a member of the Lodge he hap-
206
PRINCIPLES AND PRACTICE OF
pened to attend ; but since tliat time it is held that a
brother ought to belong to some Lodge and be subject
to its by-laws and the General Regulations. There is,
however, a large number (comparatively speaking)
of unaffiliated Masons who are believed to be able to
bear their proportion of the general burden, but who
in a great measure escape it by neglecting or refus-
ing to keep up membership in a Lodge. This is felt
to be so great an injustice, that in many jurisdictions
it is called a Masonic crime, and many Grand Lodges
have sought to punish it as such — attempts which
have thus far been but moderately successful ; prin-
cipally because there has been no unity of action or
sentiment on the question, a result in a great mea-
sure due to a foolish spirit of exclusiveness, which
prevents Grand Lodges from mutual consultation and
action on subjects in which all alike are interested.
Some of the legislation, too, has been of a character
to effect the very reverse of what was intended. Men
will not always be forced to do right ; on the con-
trary, the very effort to do so produces, in a majority
of cases, an aggravation of the evil sought to be rem-
edied.
Certain disabilities are, however, now admitted to
be the consequence of non-affiliation, and Masons
thus situated are, it is agreed :
Not entitled to claim relief from the funds of the
Lodge or Grand Lodge.
MASONIC JURISPRUDENCE.
207
Not entitled to visit any Lodge more than twice
while they remain non-members.
Not entitled to join in Masonic processions.
Not entitled to the honors of Masonic burial.
They nevertheless remain subject to the general
rules of the Fraternity, and may be tried and pun-
ished for an infraction of them by any Lodge within
the jurisdiction of which they may happen to be.
They may, when in true and imminent danger, ask
assistance in the usual method, and a Mason must
respond, because in such case he cannot stop to ask
questions, which might also be the case with an ex-
pelled or suspended brother.
"Whenever the Craft generally unite in considering
a non-contributing drone as no Mason, and refuse
him the privileges of the Lodge, except one visit to
enable him to select one in which he can affiliate, the
number will grow less ; but while, as at present, they
are frequently allowed to visit the same Lodge many
times, it is probable that the army of those who be-
grudge the pittance necessary to maintain active
membership will continue to increase.
208
PRINCIPLES AND PRACTICE OF
CHAPTER VII.
% Iptnal
If any one were disposed to claim for Masonry, or
for Masons, anything not rightfully belonging to hu-
manity, and subject to its frailties and short-comings,
the capiion of this chapter ought to dispel the illu-
sion. It is at once an acknowledgment of our falli-
bility and an assurance that, recognizing the infirmi-
ties of human nature, we have prepared to deal with
the erring, not harshly, nor at the behest of arbitrary
will, but firmly, mercifully, and in the spirit of im-
partiality ; meting out justice to the guilty without
fear or favor, but governing our investigations by
that charitable principle of the common law which
regards every man as innocent till he is fairly proved
guilty. This was not always so ; for the period is
not very far in the past when it was held that, as a
Mason’s reputation, like that of the Eoman matron,
should be above suspicion, so the very fact of charges
being preferred against him was the signal for his
loss of caste, and he was called to prove his inno-
cence before his guilt had been established. So mon-
strous a proposition carried with it its own eondem-
MASONIC JURISPRUDENCE.
209
nation, and in the more just and liberal views that
now prevail we see that while the world moves Ma-
sonry moves with it. It is a matter of frequent com-
plaint, that the administration of the penal laws of
Masonry is too complicated for the general compre-
hension, and that, with the aid of a lawyer, even the
guilty may escape merited punishment. There is
not, however, sufficient ground for the complaint ;
for in our somewhat extensive experience in such
matters we have not met with such a case. "We have
known instances where the brethren, feeling a moral
certainty that an accused brother was guilty, have
murmured because they were not allowed to declare
him so, in the absence of all legal proof ! And the
brother acting as counsel has been severely and un-
justly criticised for standing between his client and
any such unlawful conclusion. It is a very common
mistake of men unused to legal proceedings, to adopt
the convictions of their own minds as to the guilt
of a brother under charges, without any regard to
the production of such evidence as would lead a to-
tally unbiased person to the same conclusion ; and
these are the ones most likely to regard the forms
of law as irksome and intricate, because apparently
delaying a decision to which they arrive without any
form at all. We need not detain the reader with
argument to refute so untenable a position, but con-
210
PRINCIPLES AND PRACTICE OF
tent ourselves with saying, for the sake of many
good brethren who do not seem to comprehend the
value of judicial proceedings, that the rights of a
Mason are sacred ; that he not only has a right to
their enjoyment, but a claim to the assistance and
protection of all other Masons in maintaining them ;
and hence, that he can only be deprived of them on
the clearest proof, and being afforded every fair op-
portunity to establish his defence.
The Penal Code of Masonry has three divisions :
Masonic Offences, Masonic Trials, and Masonic Pun-
ishments; connected with which is the subject of
Restoration. We will notice them in the order here
named.
SECTION I -MASONIC OFFENCES.
The first of the Ancient Charges informs us, that :
“ A Mason is obliged, by his tenure, to obey the
moral law and this may be said to be the key to
all the requirements for the conduct of the brethren.
The moral law is the first of all laws, because it in-
cludes the law of God, and to violate one is to vio-
late both. The rights and benefits of Masonry are
conferred on a profane, under the belief that he has
a good moral character and standing in the commu-
nity, and that the manner of life which has acquired
MASONIC JURISPRUDENCE.
211
such a character for him will be continued when,
having been admitted to the Fraternity, he shall be-
come an exemplar of its teachings. It is on this con-
dition, or as it is technically called, “ tenure,” that
he is permitted to enter the Temple ; on it that he is
allowed to enjoy the privileges of the Craft and claim
its protection when needed ; by his observance of it
that he can really say that he is a Mason, or that he
can be qualified to sit in judgment on his brethren
who yield to temptation. And therefore we say, that
an offence against the moral law is an offence against
Masonry ; for Masonry is, and from the very nature
of its constitution can only be, a system of morality.
It therefore follows, that a Mason who indulges in
the vices of profane swearing, habitual intoxication,
or others that subject him to contempt, and bring
shame and disgrace upon the Fraternity, represented
in his person, or who wilfully violates the solemn
sanctions of his covenants, is a Masonic offender.
Some of these offences are naturally more venial
than others, and subject to a much less penalty on
conviction, and in those cases it is held that the dis-
cipline of the Craft cannot be exercised till the of-
fender has been admonished by the Master or War-
dens, as provided in the ninth of the Eegulations of
1721. We regard this as a very important rule, not
only as being in the oldest written law, but because
212
PRINCIPLES AND PRACTICE OF
it exemplifies the spirit of Masonry, which, like ’true
charity, is long-suffering and kind, and seeks to ex-
haust the influences of brotherly love before resort-
ing to sterner proceedings.
There are offences against the moral law which are
so heinous in their nature that to dally with them
by remonstrance or admonition would almost be to
approve them ; in such cases, proceedings should be
instituted and carried to conclusion without other
than the necessary legal delay.
Violations of the Masonic law — as, wilful disobe-
dience of the constitution or the by-laws of a Lodge ;
Masonic intercourse with a clandestine Lodge or
Mason, or with a suspended or expelled brother;
defrauding a brother Mason ; embezzling the funds
of the Lodge or Grand Lodge ; violating the unwrit-
ten landmarks ; refusing obedience to the lawful com-
mands of a Masonic superior ; wilfully neglecting or
refusing to obey a summons, are offences in Masonry
which subject the offender to punishment of greater
or less severity, according to the circumstances of
the case. In all these instances, and many others
that might be enumerated, a discreet Master will
mark out a course to be pursued with greater accu-
racy than could be accomplished by any general rulo
we could frame.
Violating the law of the land is necessarily a Ma-
MASONIC JURISPRUDENCE.
213
sonic offence, because the offender in disgracing him-
self also disgraces the Fraternity, the whole Craft
receiving blame for the acts of the individual. In
such a case, charges are to be preferred as though
no trial had taken place before the civil tribunal ; but
it is not necessary that all the evidence should be re-
peated. The testimony of two brethren who were
present at the civil trial, and who certify the general
tenor of the evidence, will be sufficient ; or, where
the accused is already convicted of a felony, the of-
ficial record of such conviction will be sufficient evi-
dence for the prosecution.
In dealing with such cases, a distinction is to be
made between felonies and misdemeanors. Felonies
entail personal disgrace and loss of character, while
misdemeanors may be the simple neglect of a corpo-
ration ordinance entailing a trivial fine. The best of
men may be convicted of such an offence without dis-
grace.
Political offences cannot be made the subject of
Masonic discipline, because Masonry takes no cogni-
zance of political differences. “ So that if a brother
should be a rebel against the State, he is not to be
countenanced in his rebellion, however he may be
pitied as an unhappy man; and if convicted of no
other crime, though the loyal brotherhood must and
ought to disown his rebellion and give no umbrage
214
PRINCIPLES AND PRACTICE OF
or ground of political jealousy to the government for
the time being, they cannot expel him from the Lodge,
and his relation to it remains indefeasible.”*
Religious differences, especially in countries where
ecclesiastical powers are recognized by the State, are
subject to the like rule for similar reasons.
SECTION II.— MASONIC TRIALS.
In the whole range of Masonic topics, there is none
more difficult to deal with than the one we now pro-
pose to examine ; not so much from any inherent dif-
ficulty in the subject itself, as because it is one about
which the generality of the Craft know little or noth-
ing, and (in one sense it may be said) fortunately
have little opportunity to acquire knowledge. For
when a trial takes place, it is usually confined to the
Lodge having jurisdiction, visitors being, very pro-
perly, excluded ; and thus many of the brethren know
nothing of the forms usual to such occasions. The
judicial powers of a Lodge are, however, a part of its
well-established prerogatives, and it is proper that
their intention should be understood, as well as the
forms by which they are accomplished.
In a majority of Grand Lodge jurisdictions, trials
are held in open Lodge ; but as in many cases it is
necessary for committees to be appointed to take the
Ancient Charges, Art II.
MASONIC JURISPRUDENCE.
215
evidence of persons who could not be present to tes-
tify, it will, we think, eventually be the general rule
to name committees to take all the evidence during
the recess of the Lodge, and present that evidence,
with the conclusions of the committee, to the Lodge
for its final action. Such is the practice in the State
of New York, and we shall here follow that model
not only for the sake of perspicacity, but in the hope
that a knowledge of its advantages may lead to its
general adoption. The forms used we have placed
in the Appendix, for the convenience of Lodges where
they are the law, and for the examination of brethren
elsewhere. The object of Masonic trials, like all oth-
ers, is to demonstrate the guilt or innocence of the
brother under charges, by the testimony of competent
witnesses, before an unbiased tribunal, where every-
thing may be done in a regular and orderly manner,
and where there may be as absolute certainty as the
imperfection of human nature will admit, that impar-
tial justice will be awarded ; the accused being enti-
tled to the presumption of innocence till proved
guilty, and the accuser to purity of motive and sin-
cerity of purpose. Trials occur either as the result
of an accusation against a brother for unmasonic
conduct, or to determine controversies between
Lodges or individuals.
The first step in a Masonic trial is the presentation
216
PRINCIPLES AND PRACTICE OF
of charges, which must be done in open Lodge, at a
stated communication by a brother in good standing
(usually the Junior Warden), n on-affiliated Masons
and profanes not being competent to prefer charges.
The charges must be in writing, and must fully
specify the offence charged, together with the time
and place of its commission, and must be signed by
the accuser, even when presented by the Junior War-
den. The indictment is read in open Lodge by the
Secretary, and the Lodge decides by vote whether
the charges shall be accepted and the accused bro-
ther be placed on trial. When decided in the affirm-
ative, the Master appoints a commission of three, five
or more members, to hear, try and determine the
same.
The next step is the service of the charges, which
is done by the Secretary furnishing a copy certified
by the Lodge seal, which, together with a summons
directing the delinquent to appear at a time and
place therein named, with his witnesses, for the pur-
pose of trial, is personally served on him, or left at
his residence or place of business.
The time allowed between the service of charges
and the trial varies according to circumstances.
Where the accused is a resident of the place in which
the Lodge is held, ten days are generally deemed
sufficient, though, for cause shown, a further reason-
MASONIC JURISPRUDENCE.
217
able delay will always be granted. "When the accused
resides more than twenty miles from the Lodge, ser-
vice is allowed by mail, and twenty or thirty days
are given, and longer time 'when at a greater distance
and out of the State. If the residence be unknown,
or the delinquent has absconded, the Lodge may
proceed ex parte and conduct the case as though the
delinquent were present. When the summons is dis-
obeyed, then another is issued and served, citing the
accused to show cause why he should not be disci-
plined for such contempt, and in the event of contin-
ued neglect, the committee may either report judg-
ment for contempt, or proceed to hear the evidence
as in the case of an absconding member.
On receipt of the charges, the defendant should,
previous to the time named for the trial, make an-
swer to them in writing, in which he may either sim-
ply plead not guilty, or admit a portion and deny the
rest of the specifications, as to him may seem proper.
The object of this is to save time in the investigation
by reducing the facts requiring proof to the narrow-
est possible limits, and to avoid all extraneous mat-
ters tending to complicate the trial. This suggestion
will be found of great convenience in controversies
between individuals or Lodges, or where charges are
preferred against a Master by his Lodge, as afford-
ing an opportunity for explanation and a possibility
10
218
PRINCIPLES AND PRACTICE OF
of mutual arrangement, winch ought always to be the
first aim of all concerned.
Where controversies arise between Lodges, or be-
tween individuals or the members of different Lodges,
the general custom is for the trial to be had in or by
the Lodge to which the member belongs against
whom charges are first made ; but though we are
not prepared to say that a fair trial may not be thus
obtained, there is nevertheless in such a course an
apparent want of that strict impartiality which is at
the very foundation of justice. It therefore appears
fairer that such complaints, as well as those against
Masters of Lodges, should be made to the Grand
Lodge, or its officers charged with that duty, and
that they should select commissioners from among
the Masters and Wardens of neighboring Lodges ad-
mittedly free from all bias in the premises. WTien
charges are thus preferred, the commission make
their report to the Grand officer appointing them,
and their judgment is final, unless the proceedings
be found irregular and a new trial be ordered, or an
appeal be made to the Grand Lodge. In the latter
case, the delinquent remains under effect of the sen-
tence till it is legally reversed.
At any time before the trial, the defendant may
offer objections to the commissioners, on the score of
bias, and when this happens they should either re-
MASONIC JURISPRUDENCE.
219
sign, or be removed by the appointing power, or tri-
ers be appointed and the defendant be allowed an
opportunity to show cause. These things would be
allowed a defendant in civil law. How much more
ought it to be done when the reputation of a brother
is at stake.
All the preliminaries having been adjusted, the
commission meet at the time and place named in the
summons and organize by the appointment of one of
then* number chairman, and a clerk, who need not
necessarily be a commissioner. The defendant is
then admitted with his counsel, if he have one. Any
Master Mason in good standing may act as such
counsel, but not a profane. The charges and speci-
fications are read, and the case is then open. At this
period the defendant may offer in writing any objec-
tions he thinks proper to make, to the jurisdiction of
the Lodge, to the defective nature of the specifica-
tions or others. The commission will decide as to
their validity. If the points of objection are found
to be well taken, it would be useless to proceed fur-
ther, because there would be a reasonable certainty
that on appeal the proceedings would be reversed.
If, on the contrary, they be deemed invalid, and the
commission so decide, a note to that effect is entered
on the minutes, and a copy of the paper is filed with
the clerk as a part of .the case. It would, however,
220
PRINCIPLES AND PRACTICE OF
be better, as we have already observed, that all such
objections should be made in the written answer of
the defendant to the charges, to be served on the
commission as soon after the reception of the charges
as possible, that the commissioners may have ample
time to consider them before making a decision.
The examination of witnesses (who are to be called
before the commission, one at a time,) will now take
place ; first, in behalf of the prosecution, and then
for the defence. And here we may devote a moment
to inquire who may be witnesses on a Masonic trial.
Children of tender years, unable to comprehend
the solemnity of an obhgatian ; persons of unsound
mind, atheists ; persons who have been convicted of
heinous crimes, and expelled Masons, are incompe-
tent to testify. In addition to these, it should be the
rule, although it is not always, that persons inter-
ested in the result of the trial — that is, persons whose
interests would be affected, either favorably or unfa-
vorably, by the result — should not be allowed to tes-
tify. Masons wives are generally allowed to give
evidence on the trial of their husbands, when desired
to do so ; but we think the practice an unsafe one,
and one that ought to be guided by the rule in civil
law which forbids such testimony. Women not thus
interested, and profanes, may give evidence before a
commission, but where the trial is in open Lodge,
MASONIC JURISPRUDENCE.
221
they would have to be examined by a committee
named for the purpose, and in presence of the ac-
cused, who has the right to propound cross-interrog-
atories, and who would accompany the committee for
that purpose.
Lodge-books and vouchers, and certified extracts
therefrom, are occasionally and properly introduced
as testimony.
Master Masons in good standing are of course
competent witnesses, and give their testimony under
the sanction of their covenants, the commission hav-
ing no power to administer judicial oaths, and not
being allowed to do so if they had.
The accused has the right to cross-examine all wit-
nesses.
The general rules of evidence apply in Masonic
trials, but not all. For instance, where a brother
is charged with habitual intoxication no evidence can
be introduced tending to convict him of fraud, or any
other crime ; nor would it be proper to attempt to
elicit such information on the examination of a wit-
ness placed on the stand to substantiate the charge
of intoxication. This is one of the errors into which
brethren unaccustomed to legal proceedings are most
likely to be led ; and more judgments are reversed
on such grounds than almost any other. No attempt
should, therefore, be made to prove anything not
laid down in the charges.
222
PRINCIPLES AND PRACTICE OF
The questions asked, and the answers given by the
witnesses, are to be written down verbatim by the
clerk — first the direct, and then the cross-examina-
tion ; and when the deposition of a witness is con-
cluded, it should be read over to him, and he should
approve its correctness by appending his signature
to it.
Hearsay evidence cannot be admitted ; the wit-
nesses must be able to testify of his own knowledge,
or not at all.
A Master Mason cannot be impeached. He may
be contradicted by the introduction of witnesses to
prove a contrary state of facts to that alleged by him,
but no witnesses can be allowed to testify that they
would not believe him under oath, as is frequently
done in civil suits. If a Mason has so far lost his
character as to be unworthy of belief, even when tes-
tifying under oath, there must be some cause for it,
and he should therefore be put under charges, tried,
and excluded from the Craft ; but until these things
have been done, he is entitled to the considerations
attaching to regular standing.
Lastly, the object of a Masonic trial is to ascertain
the exact truth in regard to a charge preferred, that
strict justice may govern the administration of disci-
pline. No mere technicality ought to be allowed to
stand in the way of producing the necessary facts,
MASONIC JURISPRUDENCE.
223
and when such technicalities are insisted upon by
counsel, the better way would be to note the objec-
tion on the minutes, produce the facts, and leave the
decision to the appellate tribunal. A Mason accused
of delinquency ought to depend on an open rebuttal
of the accusation, and not upon the skilful handling
of what, in common parlance, we term “ legal quib-
bles.” During a somewhat extended observation of
Masonic trials, we have always found that, as the
committees are usually plain men, unacquainted with
the technicalities and subtleties of law proceedings,
so a plain, straight-forward course is the most likely
to be successful ; and, indeed, it would be a scandal
to Masonry were the facts otherwise, for if a guilty
brother may avoid conviction by an authorized re-
sort to the chicanery of the law, then, by a parity of
reasoning, an innocent one might be convicted by a
similar process. To admit either proposition would
be to degrade Masonry, by assimilating it to the un-
fair practices of the world, and taking from its arcana
the cardinal virtues which are at the foundation of
its system. We shall not be misunderstood as ob-
jecting to the employment of counsel in Masonic in-
vestigations, for we favor such a course, on the ground
that, being disinterested, they are not affected by the
passions of the immediate litigants ; and further, that
by their knowledge they are enabled to avoid unnec-
224
PRINCIPLES AND PRACTICE OF
essary circumlocution, thus keeping the proceedings
within due bounds ; but we do object, and we warn
the brethren — both lay and professional — against
making the result of Masonic trials dependent upon
the subtleties by which reputations and fortunes are
won or lost in the lottery of common law.
The evidence being all in, it is then optional with
the parties concerned to sum up. We have only to
say, in this regard, that never having known a sum-
ming up to have the slightest effect upon the result,
we leave it as a matter of taste to those concerned.
If the proceedings have been lengthy, the commis-
sion usually have a meeting by themselves to read
over the evidence and agree as to their conclusion,
a majority of the commission being required to find
a verdict. Having settled upon their verdict, the
clerk is directed to notify the accused of that fact,
and that the commission will present their conclu-
sions to the Lodge at its next stated communication.
At that communication the report is presented and
read, together with the evidence, if required, and
the Lodge then proceeds to consider the question :
“ Shall the finding of the commissioners be ap-
proved ?” Debate is allowed, and the defendant or
his counsel may be heard. The Lodge may in its
discretion alter, approve, or reverse the finding. Be-
fore taking the vote, however, the accused is directed
MASONIC JURISPRUDENCE.
225
to retire, and then the Lodge finally passes upon the
case,* subject, of course, to an appeal, of which the
accused is expected to give notice within such time
as may be fixed by the regulations.
Where, as under certain circumstances provided
in the constitution of the Grand Lodge of New York,t
the commission is appointed by the Grand Master,
the report is made to him, and his approval makes
it final, unless appeal be taken to the Grand Lodge
within six months. Where the Deputy, or one of
the District Deputies, names the commission, report
is made to the appointing officer, but appeal may be
taken to the Grand Master, and again to the next
succeeding Grand Lodge.
SECTION III.— MASONIC PUNISHMENTS.
The penalties inflicted for Masonic offences are :
Reprimand ; Exclusion, which is temporary or per-
manent ; Suspension, definite or indefinite ; and Ex-
pulsion. In England, fines are permitted to be levied
* The manner of voting, on these occasions, differs in the vari-
ous Grand Lodge jurisdictions. In some it is required to be taken
by ballot. In others, viva voce ; and in others it is left to the dis-
cretion of the Lodges.
f Controversies between Lodges, or between individuals belong-
ing to different Lodges, or where charges are preferred against the
Master of a Lodge.
226
PRINCIPLES AND PRACTICE OF
under tlie name of punishments ; but the sentiment
of the American Fraternity being decidedly averse
to them, they are held among us to be unmasonic.
Reprimand is the mildest form of Masonic punish-
ment, and, though it can only be inflicted after trial,
is considered rather as an admonition to the offender
for some trifling breach of the law, and as a notice
of intention to preserve intact the dignity of our pro-
fession.
This punishment should, when possible, be admin-
istered by the Master in person, and be made the
occasion for reminding, not only the delinquent, but
the brethren generally, of the sacred nature of our
engagements, and the certainty that they cannot bo
violated with impunity.
Exclusion , when temporary in its effect, is adminis-
tered by the Grand Master, in the Grand Lodge, for
refusal to submit to the rules of order, contumacy to
the authority of the Grand Master, or, in brief, for
any conduct not sufficiently heinous to call for in-
dictment and trial, but too much so to be allowed to
pass without notice.
The same thing occurs, under like circumstances,
in a subordinate Lodge. A brother who is disor-
derly, or contumacious — who refuses to obey the
Master, or to conform to the regulations of the
Lodge, may be excluded by a vote of the Lodge, or
by the direct prerogative of the Master.
MASONIC JURISPRUDENCE.
227
It is well to observe here, that the part of the
opening ritual which strictly forbids improper con-
duct, under such penalty as the by-laws prescribe,
or a majority of the brethren present see proper to
inflict, applies to the state of facts here cited, and
not (as many erroneously suppose) to the infliction
of the higher grades of punishment because an of-
fence has been committed in view of the Lodge.
Temporary exclusion does not deprive a Mason of
any of his general relations to the Fraternity, or any
of his positive rights (for the right to be in the
Lodge is a qualified one, dependent on good beha-
vior,) and hence, when milder remedies — as expostu-
lation or reproof — fail, may be summarily adminis-
tered to save the credit of the Lodge and preserve
its peace and harmony ; but when an offence has
been committed requiring the infliction of either of
the major punishments, then the necessary forms of
a trial must be had. This rule is necessary to guard
against the effects of sudden passion, which may
seize an assembly as effectually as a single individ-
ual, and under the influence of which a stigma might
be attached to an innocent man that no after repent-
ance could altogether banish. Moreover, if it were
in the province of a Lodge to deprive a brother of
all his rights in a summary manner, there would be
no safety for the minority ; for where absolute power
228
PRINCIPLES AND PRACTICE OF
exists, the apology for its exercise is rarely difficult
to find. Let it be admitted, too, that where a grave
offence has been committed in the very presence of
a Lodge, the result of a formal trial must necessarily
be a foregone conclusion. Still, it is better and more
Masonic to guard against the possibility of error or
misunderstanding by adhering to the forms of trial,
and thus dispensing justice without the semblance of
passion. It is true that temporary exclusion might
be ordered by the Master without due reflection or
adequate cause, but at the worst the excluded bro-
ther would lose nothing but the pleasure of a single
evening in the Lodge, while, on his complaint to the
Grand Master, a more than compensatory justice
might be awarded to the hastily-acting Master or
Lodge. Not much danger, however, is to be appre-
hended from this source ; for during an active par-
ticipation of twenty years in the affairs of Masonry,
we have never known of a case. The principle, how-
ever, remains the same.
Permanent exclusion w T as formerly the polite term
for expulsion ; but it is now better known as striking
from the roll — a process by -which a brother is sum-
marily deprived of his rights of membership in a
particular Lodge, without trial, and often without
notice. This practice, which is gradually making its
way among the Grand Lodges, commenced about
MASONIC JURISPRUDENCE.
229
the year 1851, and was intended by the authors to
afford a milder way of dealing with unwilling or neg-
ligent contributors to the Lodge funds than the
former one of suspension, it being held that no gen
eral deprivation of rights ought to follow mere re
missness in paying dues. The remedy has, however,
proved many times worse than the original disease ;
for a brother stricken from the roll is not only de-
prived of his membership in his own Lodge, but also
of that of affiliating elsewhere, should he be so in-
clined, because when attempting such affiliation he
cannot show an honorable discharge from his first
membership, and cannot therefore be admitted to
the new one. Striking from the roll is frequently
resorted to when it is desired to get rid of an obnox-
ious member against whom no charges can be found,
and he is thus driven into the ranks of the non-affil-
iated, with a moral certainty that he will remain
there. We fully concur in the general sentiment,
that no act of suspension should be allowed for non-
payment of dues only, and we think that all the re-
quirements of justice could be answered by excluding
from all the rights and benefits of his own Lodge
any brother who, after due notice, neglects or refuses
to pay his dues (when one year in arrears), condi-
tioned that payment of the amount due at the time
of exclusion, if tendered within one year from that
230
PRINCIPLES AND PRACTICE OF
date, should operate his restoration to his former
status without other action ; and if more than a year
had elapsed, that then the Lodge, on receiving the
amount due, should grant an honorable discharge ;
provided, of course, that no charges are pending.
Lodge dues are a legitimate source of revenue, and
a much better dependence than initiations for the
means to meet current expenses. It is therefore
proper that Lodges should have reasonable power to
enforce payment, but still, one that when used should
not be a worse offence in Masonry than the delin-
quency against which it is leveled.
Definite Suspension is the first really serious pun-
ishment inflicted by Masonic law, because, while in
operation — whether the period be one year or one
day — the suspended brother is deprived of all his
Masonic rights but one, and that is the right to re-
sume his place in the Craft when the suspension ex-
pires by its own limitation. If it were otherwise, it
would not be definite, because the Lodge, if required
to act, might refuse a reinstatement, and thus the
suspension would be indefinite. But the name of
the penalty sufficiently determines its character, and
no argument is needed to show that if a brother is
suspended for six months he cannot be suspended
one moment longer without new charges, and a new
trial for some other offence than that just expiated
by the six months’ suspension.
MASONIC JURISPRUDENCE.
231
Indefinite Suspension is technically considered a
higher grade of punishment than where the exact
period is specified in the sentence, because in this
case a vote of the Lodge is necessary to restoration ;
but practically it is less severe, for we incline to the
opinion that a motion to take off an indefinite sus-
pension would be in order at any meeting after the
promulgation of the sentence. The very terms of the
penalty would seem to indicate that by naming no
time the Lodge reserved a right to terminate the
punishment at pleasure. Beyond this, there is no
difference in the two grades. A Mason definitely or
indefinitely suspended is — while the penalty operates
— deprived of all his rights and privileges as effect-
ually as if he had never been initiated.
Expulsion is the highest penalty known to the Ma-
sonic code, and when inflicted absolutely severs all
connection between the brother and the Fraternity,
for which reason it has been aptly termed Masonic
death. This penalty is only inflicted for the most
flagrant infractions of moral or Masonic law, and
when pronounced by a Lodge is conditional until af-
firmed by the Grand Lodge, if appeal be taken against
it within the time prescribed by the local regulations.
If no appeal be taken, no confirmation is needed,
because the delinquent may then be said to accept
the terms of the sentence. By expulsion, a Mason
232
PRINCIPLES AND PRACTICE OF
not only loses his own rights, but his family is there-
by deprived of all claim upon the assistance and pro-
tection of the Fraternity.
This penalty should only be inflicted after serious
deliberation, and when it is believed that the pres-
ence of the offender in the Society will produce
greater evil than his reformation could be expected
to effect good.
A question here arises as to what vote is required
to suspend or expel. Reasoning by analogy, wo
should say that, as in the first Grand Lodge, all
questions were decided by a majority vote, so, in the
present day, the same general rule ought to apply ;
but we find a great diversity of opinion existing on
this point. Some Grand Lodges require a two-thirds
vote ; others — New York among the number — a ma-
jority. As in various other matters, therefore, the
decision will be governed by the regulations of the
local Grand Lodge.
Notice of suspension or expulsion is usually sent
to the neighboring Lodges, and always to the Grand
Secretary ; but care must be taken that no publica-
tion is made to others than Masons ; to avoid which
the notices should be in writing.
Lastly, it is now universally admitted that while
expulsion or suspension, when inflicted by the au-
thority of symbolic Masonry, debars the brother
MASONIC JURISPRUDENCE.
233
thus dealt with from all the rights he may have as
a Boyal Arch Mason or Knight Templar, the same
penalties, when inflicted by the higher orders, do not
affect his standing in the Lodge, for the reason that
the Chapter and Commandery rest upon the Lodge,
it being an indispensible prerequisite to admission
in them that the candidate shall be in good standing
in the preceding degrees ; and the same qualification
is necessary to maintain membership when acquired.
When, therefore, a Knight Templar loses his stand-
ing in symbolic Masonry by suspension or expulsion
he no longer possesses the requisite qualifications for
membership in the Commandery, and can therefore
no longer participate in its labors. But the converse
of the proposition does not hold good, because, while
the Templar is required to have received the degrees
of the Lodge and Chapter, and therefore has lawful
knowledge of those bodies, the Master Mason knows
nothing of the superior grades, and cannot take legal
cognizance of their acts ; and hence, when the Chap-
ter or Commandery expel one of their members, his
standing in his Lodge remains good. If the offence
for which he has been expelled in the higher body be
one affecting his moral character and standing, the
same charge may be brought against him in the
Lodge, and he will there be dealt with in the usual
way.
234
PRINCIPLES AND PRACTICE OF
SECTION IV.— RESTORATION.
In the Masonic code, restoration is the act of grace,
or pardon, extended to the repentant offender after
sentence has taken effect, and ought not to be con-
founded — as it usually is — with reinstatement, when,
on appeal, the proceedings in the lower tribunal
have been reversed. It is the law that when, after
trial and appeal to the Grand Lodge, the sentence
has been finally confirmed, and the accused indefi-
nitely suspended or expelled, as the case may be, the
Grand Lodge may, on petition, restore the individual
to all the general rights and privileges of Masonry,
but not to membership in any Lodge ; because when
the sentence is confirmed by the court of last resort,
membership in the Lodge ceases as effectually as if
it had never existed, and the reserved right of the
Lodge to decide who shall and who shall not be ad-
mitted to membership then applies in full force. But,
as we have already shown, when on appeal the sen-
tence and proceedings in the first court (the Lodge)
are reversed for irregularity or want of proof, then
the sentence of suspension or expulsion goes for
nothing, because it is declared by the highest au-
thority that it has not been legally pronounced, and
therefore not pronounced at all ; and, as we have
said before, the member continues the standing ho
MASONIC JUKISPKUDENCE.
235
enjoyed before the charges were preferred ; which
standing had been attacked but not injured by the
irregular proceedings. In this case, it is evident that
no act of restoration would be performed, because
there being no loss of membership there is nothing
to restore. It is true that after sentence, and during
the proceedings on appeal previous to its final deter-
mination, the Lodge would not allow the member to
sit or enjoy any of its rights or privileges ; but it will
be observed that, while the appeal is pending, the
rights of the member are not lost, but only in abey-
ance, the sentence of the Lodge being always subject
to appeal, which appeal would be worse than idle if
it left an unjust sentence in effect, or if, when it de-
clared a brother illegally dealt with, it did not by
that declaration place him in the exact position oc-
cupied by him before the commencement of proceed-
ings.
Definite suspension requires no restoration, be-
cause as a brother loses his rights by a sentence for
a defined period, so, when that period expires by its
own limitation, the cause of the loss ceases, and the
effects cease with it.
When a Lodge restores a brother who is under
the effects of a £nal sentence of indefinite suspen-
sion or expulsion, it readmits him to membership,
because it reverses its own sentence and extends a
236
PRINCIPLES AND PRACTICE OF
full pardon for the offence on comiction for which
sentence had been pronounced. Restoration by the
Grand Lodge is necesarily different, because it may
take place without the knowledge or consent of the
Lodge, which may still adhere to its original deter-
mination. It also frequently happens that a Lodge
may be willing that a brother suspended or expelled
by it shall be restored to the rights and privileges
of a non-affiliated Mason, but not again to his former
membership ; in which case they allow the restora-
tion to be made by the Grand Lodge, and usually
join in the petition for such restoration.
Here again the question occurs : “ What vote is
necessary to enable a Lodge to restore a brother in-
definitely suspended or expelled ?” In answer, we
can state the general practice, but we cannot give
any absolute rule, because there is none. It is com-
monly held that a two-thirds vote is necessary to re-
store an indefinitely suspended Mason, but we have
never met with any one who could give a valid rea-
son for the requirement beyond the regulations of
Grand Lodges. Those bodies restore even from ex-
pulsion by a majority vote, and we see no reason why
a Lodge may not take off a sentence of indefinite
suspension in the same way. Grand Lodge regula-
tions are, however, of greater force than mere opin-
ions, and Lodges must consult and be governed by
MASONIC JURISPRUDENCE.
237
them. Itestoration from expulsion by a Lodge re-
quires previous proposal and a unanimous vote ; be-
cause the sentence of expulsion, when confirmed, is
Masonic death, or, in other words, absolute severance
of all connection between the individual and the Fra-
ternity ; and as the act of restoration puts the indi-
vidual in possession of full Masonic privileges, it is
necessary that the vote should be unanimous, be-
cause the Lodge by restoration admits to member-
ship one who had been severed from it as completely
as if he had never belonged to it, or had voluntarily
dimitted. Here the distinction between indefinite
suspension and expulsion (which is an extremely nice
one) will be made. A brother who has been sus-
pended, although he is as totally debarred from the
exercise of his Masonic privileges, for the time being ,
as one expelled, nevertheless retains a quasi connec-
tion with the Society. “ He is not dead, but sleep-
eth.” That is, the functions of his Masonic existence
are not absolutely destroyed, but suspended ; and
the removal of this disability would appear to require
a less decided vote than in the case of the major
penalty. It may be added, too, that as this penalty
is inflicted for less serious offences than those re-
quiring expulsion, so, in justice, it ought to require a
less difficult method of restoration than unanimity.
In the act of striking from the roll, it is understood
238
PRINCIPLES AND PRACTICE OF
that the member has forfeited his membership by
refusal or neglect to comply with the by-law requir-
ing him to pay annual or quarterly dues, and has, in
so doing, violated a contract made by him on his ad-
mission as a member. This is a matter belonging to
the Lodge — one that does not affect the general re-
lations of the brother to the Fraternity except in de-
priving him of the power to affiliate elsewhere ; and
one, consequently, in which reinstatement, and not
restoration, is required. If the striking from the
roll is performed in accordance with the law of the
jurisdiction, then the Grand Lodge cannot interfere
to force the member back ; but, on the contrary, if
there has been irregularity in the proceedings, then,
of course, the Grand Lodge, in reversing those pro-
ceedings, reinstates the member ; because, not hav-
ing been legally deprived of his rights, he is lawfully
entitled to the position he occupied before the illegal
act. We hope to see the day when, by general con-
sent, the disabilities arising from mere non-payment
of dues may be removed by the payment of the
amount of such dues ; for as a Mason, while stricken
from the roll, cannot enjoy the privileges of the
Lodge, neither should he be chargeable with dues
during that time.
sTaT^w
Of THE A
UNIVERSITY S
CHAPTER Y 1 1 1 .
$|f dr inti Itnij*.
SECTION I.'-THE FORMATION OF GRAND LODGES.
Our readers cannot have failed to observe that we
have studiously avoided all reference to authorities
of an earlier date than the charges and regulations
of 1721, which we consider as sufficient for all the
purposes of the present system of Masonic jurispru-
dence. From this stand-point we feel warranted in
making the assertion, that Grand Lodges, as now
constituted and conducted, are a modern growth, en-
grafted on the original stock at the revival of Ma-
sonry in 1717, and having no claim whatever to an
existence preceding that period. We are aware that
the assembly in the city of York, in 926, at which the
Gothic constitutions were adopted, and others held
at subsequent periods, have been denominated Grand
Lodges, but the term is misapplied ; they were con-
ventions or general assemblies, having no more sim-
ilitude to a modern Grand Lodge than a friendly
meeting of brethren would resemble the order and
regularity that prevail in a formed Lodge. Eebold,
240
PRINCIPLES AND PRACTICE OF
in his “ Histoire General de la Franc-maconnerie”
speaks of Grand Lodges ( Haupthutten ) existing in
the fifteenth century, which “ had independent and
sovereign jurisdiction, and determined without appeal
all causes brought before them.” But they belonged
to the Society of operative Masons or stone-dressers,
to which he and others imagine the present Society
of speculative or Freemasons owes its existence ; and
though they may in some degree have been the mod-
els, they certainly had no relation to Grand Lodges
of the present day.
Previous to 1717, an annual assembly and feast
was held at which all the brethren who saw fit were
present, and at which, when required, a Grand Mas-
ter w r as elected ; but these meetings fell into decay
until, on the accession of George I., the Masons in
London resolved to cement themselves under a new
Grand Master, and to revive the communications and
annual festivals of the Society. Accordingly, on St.
John the Baptist’s day, 1717, in the third year of
the reign of King George I., the assembly and feast
were held, when the oldest Master Mason and the
Master of a Lodge, having taken the chair, a list of
proper candidates for the office of Grand Master was
produced, and the brethren, by a great majority of
hands, elected Mr. Anthony Sayer Grand Master of
Masons for the ensuing year, who was forthwith in-
MASONIC JURISPRUDENCE.
241
vested by the oldest Master, installed by the Master
of the oldest Lodge, and duly congratulated by the
assembly who paid him homage.* This was the be-
ginning of the Grand Lodge of England, from which
have sprung the Grand Lodges of the world. At this
meeting it was agreed, among other things, “ that
the privilege of assembling as Masons, which had
hitherto been unlimited, should be vested in certain
Lodges or assemblies of Masons convened in cer-
tain places, and that every Lodge to be hereafter
convened, except the four old Lodges at this time
existing, should be legally authorized to act by a
warrant from the Grand Master for the time being,
granted to certain individuals by petition, with the
consent and approbation of the Grand Lodge in
communication ; and that without such warrant no
Lodge should hereafter be deemed regular or consti-
tutional.”
Thus was established a central authority or gov-
ernment for the Fraternity, to which was committed
the superintendence of the Craft, and entrusted the
responsibility of making laws for its observance and
for the maintainanee of its ancient landmarks ; it be-
ing also specially agreed “ that no law, rule, or reg-
ulation, to be thereafter made or passed in the Grand
Lodge, should encroach on any landmark which was
* Preston’s Illustrations of Masonry — Oliver’s edition — p. 150.
11
242
PRINCIPLES AND PRACTICE OF
at that time established as the standard of Masonic
government.”*
The Grand Lodge thus inaugurated underwent,
within a brief period, various modifications. Many
new Lodges being formed, it was soon foimd that a
general attendance of the brethren would make the
body too unwieldy, and the present system of repre-
sentation by the Masters and Wardens was estab-
lished. The right to confer the three degrees was
ceded to the Lodges, and the Grand Lodge then be-
came what it is now — the supreme tribunal and leg-
islature of the Craft within its jurisdiction.
The first Grand Lodge, it will be observed, was
established by the concurrent action of the brethren
of the four old Lodges, acting as individuals, as is
evident from the fact stated by Preston, that when
matters had been adjusted to the satisfaction of the
brethren of the four old Lodges, they considered
their attendance on the future communications of the
society as unnecessary ; and, like the other Lodges,
trusted implicitly to their Masters and Wardens, rest-
ing satisfied that no measure of importance would
be adopted without their approbation. It is now
held that no Grand Lodge can be established with-
out the concurrence of three or more regular Lodges
previously established, and acting through their
Masters and Wardens. We shall refer to this again
* Preston.
MASONIC JURISPRUDENCE.
243
when we come to speak of the jurisdictional rights
of Grand Lodges.
SECTION II.— THE POWERS 0E GRAND LODGES.
A Grand Lodge is now defined to be “ a body of
Masons in whom is inalienably vested the govern-
ment and superintendence of the Fraternity within
its territorial jurisdiction, and is primarily composed
of its Grand officers and the Masters and Wardens,
or their proxies, of the several subordinate Lodges
under its jurisdiction.”* It is necessarily supreme
in the exercise of all powers not specially reserved
to the Lodges, and there is of course no appeal from
its decisions ; but it cannot make or pass any regu-
lation in derogation of the Ancient Landmarks.
The powers of a Grand Lodge are : Legislative,
Judicial, and Executive, which are exercised under
the limitations above specified, but which are inop-
erative beyond the political limits of the country,
State, or territory in which it may be located, and
from which it. usually derives its name — as the Grand
Lodge of England, of New York, etc.
The Legislative powers of a Grand Lodge extend to
all matters relating to the Craft save those inherent
in, and reserved to, the Lodges. The laws made by
it have general effect throughout the bounds of its
* Constitution G. L. of N. Y.
244
PRINCIPLES AND PRACTICE OF
Jurisdiction, and its decisions are final and without
appeal ; though it may, like all other legislative bod-
ies, revise its own proceedings, and alter, amend, or
annul them, as set forth in the thirty-ninth of the
General Regulations. In the exercise of this power,
a Grand Lodge may enact a constitution and regula-
tions for its own government and for the government
of the Fraternity which it represents, and may alter
or amend that instrument in accordance with its own
provisions. It may levy a tax on its subordinates,
or require the payment of a certain portion of their
revenues into its treasury, for the purpose of defray-
ing its necessary expenses. It may grant warrants
constituting new Lodges, by which they become com-
ponents of the great Masonic family, and enact laws
for their better regulation and convenience. It may
establish and preserve a uniform mode of work and
lectures, under sanction of the Ancient Landmarks
and usages of Masonry. It may hear, and entertain
or reject, all appeals, memorials, petitions, or resolu-
tions that may be presented in proper form.
The Legislative power of the Grand Lodge is the
one which, from its nature and the habits of our peo-
ple, is, in this country, most likely to be abused ;
nay, the one that is already responsible for much
evil. The tendency to over-legislate, common to all
deliberative bodies, is becoming more apparent ev-
MASONIC JURISPRUDENCE.
245
ery year ; and conservative men already foresee trou-
bles arising in the future from this source. Nor can
it be doubted, that the original intention of the foun-
ders of the Grand Lodge system — the objects they
sought to attain by yielding a portion of their rights
— have been, and are constantly being, overstepped ;
that the reserved rights of the Lodges are being
gradually encroached upon, and the powers of the
Grand Lodge correspondingly increased. The re-
sult may be easily divined, and will manifest itself —
as it has already done in some instances — in the as-
sertion of a claim to sole and supreme authority in
all matters relating to the Craft. It is the duty of
the brethren at large to counteract this evil tend-
ency, and maintain their reserved rights intact by a
more careful scrutiny of Grand Lodge doings, and
by instructing their representatives so that they shall,
when in Grand Lodge, represent their constituents
rather than themselves. There is also a minor evil
growing out of excessive legislation which is simply
annoying to the brethren, without producing any
benefit to the institution. We refer to the mania for
making laws and regulations on every conceivable
topic, nine-tenths of which ought reasonably to be
left to the discretion of Lodges, and the interference
with which tends to exasperate them, and sets their
wits at work to discover some means by which the
rule may be evaded.
246
PRINCIPLES AND PRACTICE OF
As a matter of right, the legislation of a Grand
Lodge ought always to be prospective in its action ;
retroactive, or ex post facto , laws being regarded in
all communities as unjust, oppressive and destructive
of the rights of communities and individuals.
The Judicial powers of a Grand Lodge are of two
kinds : original and appellate. Original judicial
power is exercised by the Grand Lodge in the trial
of charges against any of its officers for malfeasance
in office, except the Grand Master ; in the settlement
of controversies between Lodges, or between indi-
vidual members of different Lodges, or in the trial
of a Master of a Lodge against whom charges are
preferred. It also may assume original jurisdiction
in cases which come before it on appeal, by increas-
ing the penalty awarded by the original court. It
also exercises original jurisdiction in the forfeiture
or revocation of warrants, which generally results
from evil practices on the part of the Lodge, which
is therefor put on trial. As one Lodge cannot en-
tertain charges against another, and proceed to try
them, it necessarily follows that the Grand Lodge,
being the common superior, is the appropriate tribu-
nal for the trial of such cases. Warrants thus for-
feited may of course be returned by the Grand Lodge
at its pleasure. The judicial powers of the Grand
Lodge are, however, most frequently exercised in the
MASONIC JURISPRUDENCE.
247
decision of appeals from the individual members of
the Fraternity against the action of their Lodges, or
the decisions of their Masters, and its decisions are
final and binding on the parties, because there being
no Masonic authority superior to the Grand Lodge,
it is the court of last resort.
The Executive powers of a Grand Lodge are those
in the exercise of which it administers the laws and
enforces the decisions made by it in its legislative
and judicial capacity. And whatever may have been
the practice in former days, it is now certain that
they are exercised for no other purpose. While, how-
ever, a Grand Lodge, when in session, confines its
action to the administration of the laws it has enact-
ed, there can be no doubt that it may extend the
sphere of its action, by a change of its constitution,
to all matters not in absolute derogation of the inhe-
rent rights of Lodges. Thus, if there were no con-
stitutional impediment, it might initiate, pass, and
raise a profane, because it is the authority from
whence the subordinates derive their right to make
Masons ; but it could not make the brother it raised
a member of any Lodge, for that is an inherent pre-
rogative of the Lodges themselves, with which the
Grand Lodge cannot interfere.
The executive power of a Grand Lodge is, how-
ever, in a great degree entrusted to the Grand Mas-
248
PRINCIPLES AND PRACTICE OF
ter, and by him exercised during the recess — a ne-
cessity arising from the fact that the Grand Lodges
of the United States, with perhaps two or three ex-
ceptions, having by common consent abolished Quar-
terly Communications, meet annually only. These
meetings seldom last more than three or four days ;
so that for three hundred and sixty days in the year
the administration and execution of the laws is en-
trusted to the Grand Master ; and the probability is
that, all things considered, the laws are more care-
fully executed by him than they would or could be
by the Grand Lodge.
The Jurisdictional rights of a Grand Lodge do not
extend beyond the bounderies of the country, State,
or territory where it is located, except where a coun-
try is Masonically vacant ; that is, having no Grand
Lodge established in it ; in which case all the Grand
Lodges in the world have concurrent jurisdiction
there, so far as they may deem it proper to be exer-
cised ; so that in a vacant territory one or a dozen
Grand Lodges may charter subordinates, and each
would be equally justified in so doing. When, how-
ever, a majority of the subordinates (being not less
than three in number) choose to establish a Grand
Lodge, then the territory is occupied ; and not only
are Grand Lodges in other States or countries for-
bidden to exercise any powers in the territory occu-
MASONIC JURISPRUDENCE.
249
pied by the new Grand Lodge, but their subordi-
nates (if any) that may have refused to unite in the
formation of the Grand Lodge, are to be withdrawn
or left subject to the disposition of the local author-
ity.”* It is the assertion of this doctrine that has
been, and still is, the cause of difficulty between the
Grand Lodges of New York and Hamburgh. The
latter body, not content with superintending the af-
fairs of its own jurisdiction, has thought proper to
create new Lodges owing fealty and obedience to it,
but located in the State of New York, and therefore
within the bounds of the lawful Grand Lodge of that
State. The Grand Lodge of New York very properly
objects to this invasion of its territory, because : 1st.
It was the first to occupy the jurisdiction now occu-
* A case in point occurred in the Grand Encampment of the
United States, in 1859. That body had established subordinates
in the State of Michigan to the number of> four. Three of these
subordinates united in forming a State Grand Commandery, but
one refused to do so, and claimed the right to continue its alle-
giance to the Grand Encampment of the U. S. The Committee
on Jurisprudence reported : “ That in all the branches of Masonry
in this country the law obtains that a State Grand Body has sole
and exclusive jurisdiction within the limits of the territory it occu-
pies. There can be no divided jurisdiction, nor can any authority
give legal existence to a subordinate in contravention of the will
of the State Superior.” Whereupon it was resolved : “That the
Grand Commandery of Michigan, from the date of its formation,
has of right exercised sole and exclusive jurisdiction over all sub-
ordinates in that State.”
250
PRINCIPLES AND PRACTICE OF
pied by it — its existence antedating the political
formation of the State. 2d. That occupation has
been continuous to the present moment ; and 3d.
Because the Grand Lodges of the world, Hamburgh
excepted, agree that every Grand Lodge has sole
and exclusive jurisdiction within the limits of the ter-
ritory in which it is located ; and hence, that no
Grand Lodge has the shadow of a right to plant
Lodges in the territory of its neighbor without its
consent. If, therefore, the difficulty is ever adjusted,
it must be by the Grand Lodge of Hamburgh retir-
ing from its unjustifiable and unfratemal violation of
an universal law.
"We have already spoken of Lodge jurisdiction in
its appropriate place. That jurisdiction is restrained
or extended by Grand Lodges, especially in the mod-
ern rule forbidding the initiation of non-residents.
Having already given the reasons for its adoption,
it is only necessary to say that although accepted as
a law by the Grand Lodges of the United States, it
is not generally so in Europe. The probability is,
however, that in the progress of time it will become
universal.
CHAPTER IX.
®!>t ionir ©ffims.
In all Grand Lodges and Grand Orients there is a
Grand Master, but the remaining officers vary in ti-
tle, number and prerogative according to the customs
of the country, the rite practiced, or the supposed
necessities of the Grand Body itself. Thus, in Eng-
land there is a Deputy Grand Master and Provincial
Grand Masters appointed by the Grand Master, and
in some cases a “ Pro. Grand Master, who can only
be appointed when the Masonic throne is occupied
by a prince of the blood royal. And to be qualified
for the situation it is requisite that his worldly rank
be commensurate with the dignity of the office and
the representative of royalty. He must, therefore,
be a peer of the realm, as well as the Past Master of
a Lodge. His collar and jewel, like his authority,
must be precisely the same as that of the Grand
Master ; and in case of a vacancy, he actually as-
sumes the office until the next annual election.”* In
France there is no Deputy Grand Master, but in his
place several assistant or acting Grand Masters, who
form the council of the Grand Master, dispose of the
routine business of the Grand Orient, and preside at
Oliver.
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PRINCIPLES AND PRACTICE OF
its meetings in tlie absence of the chief officer. In
the United States, where all the Grand Lodges pro-
fess to be of the so-called “Ancient York Bite,” the
officers are :
A Grand Master (whose style is Most Worshipful).
A Deputy Grand Master.
A Senior Grand Warden.
A Junior Grand Warden.
A Grand Treasurer.
A Grand Secretary.
A Grand Chaplain.
A Grand Marshal.
A Grand Standard Bearer.
A Grand Sword Bearer.
Two or more Grand Stewards.
A Senior Grand Deacon.
A Junior Grand Deacon.
(All of whom are styled Bight Worshipful.)
A Grand Pursuivant.
A Grand Tyler.
(Who are styled Worshipful.)
In some Grand Lodges there is a Grand Orator, a
Grand Lecturer, and District Deputy Grand Mas-
ters, and in others no Grand Pursuivant. In Penn- •
sylvania the Grand Master is styled Bight Worship-
ful, and the remaining officers Worshipful. These
variations are of no particular importance other than
MASONIC JURISPRUDENCE.
253
affording proof of an unfortunate tendency to lose
sight of that uniformity which ought to characterize
our institution in all its doings, and to which, we ap-
prehend, our successors will wish we had paid more
attention.
Let us now examine the powers and duties of the
several Grand officers above enumerated.
THE GRAND MASTER.
Like the King, in monarchical countries, the Grand
Master never dies. That is to say, the office, its pow-
ers and prerogatives, remain intact whatever may
become of the individual who, for the time being, is
their custodian ; and hence, the acts of a Grand Mas-
ter survive his tenure of office, and pass to his suc-
cessor, to be by him maintained or reversed as cir-
cumstances may to him aj>pear to require.
The office of Grand Master has always existed. In
all the history and traditions of the Craft, we can
find no time when the Fraternity was not governed
by a chief officer styled a Grand Master. His office
is, therefore, not a creation of the Ancient Charges
and regulations, nor of any modern constitution. And
yet, while his prerogatives are in some things beyond
any control but that of the Landmarks, it is not in
all, from the fact that since the formation of Grand
Lodges, the government of those bodies and of the
254
PRINCIPLES AND PRACTICE OF
Fraternity owing them allegiance is founded on writ-
ten constitutions, which the Grand Master, in com-
mon with the humblest Mason under his jurisdiction,
is bound to observe and respect. Indeed, he enters
into a solemn engagement at his installation, that he
will do so, and he therefore waives, to that extent,
his unlimited prerogatives. It will be found, more-
over, that the commonly received notion that there
can be no appeal from the decision of the Grand
Master is not strictly true ; for on examining the
transactions of Grand Lodges, it will be seen that
the judgment of the Grand Master is overruled, and
that to do otherwise would be, in fact, to admit his
entire freedom from the weakness of human nature
— a proposition too absurd for argument. The sov-
ereignty, as we have repeatedly said, is in the Craft
at large, and by their delegation is exercised by the
Grand Lodge as their agent ; and the final decision
of a case by that body, in annual communication, is
in reality the only one from which there is no appeal.
It is true, that during the interval from one session
of the Grand Lodge to another, its executive powers
are vested in the Grand Master, and all the high pre-
rogatives of his office are then in full force ; but they
are exercised by him on the condition of a review by
the Grand Lodge, whenever a majority of its mem-
bers think proper to exercise that right. This re-
MASONIC JURISPRUDENCE.
255
served power of the Grand Lodge is distinctly seen
in the nineteenth article of the Regulations of 1721.
“ If the Grand Master should abuse his power, and
render himself unworthy of the obedience and sub-
jection of the Lodges, he shall be treated in a way
and manner to be agreed upon in a new regulation ;
because hitherto the ancient Fraternity have had no
occasion for it, their former Grand Masters having
all behaved themselves worthy of that honorable of-
fice.” Here we observe the distinct assertion of a
power, to exercise discipline over the Grand Master,
in any w T ay that may be agreed upon in a new regu-
lation, and that if the power has not been exercised,
it is because the brethren chosen to the responsible
station of Grand Master have so demeaned them-
selves as not to require it. But of the right there
can be no question. Now, if the Grand Master can
be put on trial, he can — the proof warranting — be
expelled from the rights and privileges of the Craft ;
and it follows that the same power that may disci-
pline him, may also exercise the lesser act of sover-
eignty in reversing his decisions. We may be ac-
cused of taking an extreme view, and dispelling
certain illusions that have hitherto been maintained,
but we disclaim any such intention, and seek only to
bring about a proper understanding of the real pow-
ers of the officer of whom we are treating. We should
256
PRINCIPLES AND PRACTICE OF
be tlie last to lower the popular reverence for our
chief officer, but we deem it well that his true posi-
tion should be understood, both for the sake of the
officer himself and for that of the Craft under his
authority. "Whatever, therefore, may have been the
original powers of the Grand Master, there can be
no doubt but that those powders are now in some
things amenable to the provisions of Grand Lodge
constitutions and legislation, and that every Grand
Master accepts office with a proviso that he w r ill not
only enforce the laws and execute the legislative acts
of the Grand Lodge, but that he will do so under
the sanction of those laws and acts ; or, in other
words, that while he exacts obedience from others,
he will furnish a proper example by himself obeying
the laws he executes.
There are, of course, some of the powers belonging
to the Grand Master which are in themselves land-
marks, and therefore not subject to legislation ; but
even these have yielded to the force of public opin-
ion, as will be seen in the following enumeration of
the prerogatives of the Grand Master.
1. To convene the Grand Lodge at any time he
may in his discretion deem proper. This is pre-
cisely the same power exercised by a Master of a
Lodge, and is subject to the same restriction ; name-
ly, that the meetings thus called are but special or
MASONIC JURISPRUDENCE.
257
emergent meetings, at which no business affecting
the general interests of the Craft can be transacted.
The stated meeting of the Grand Lodge is its An-
nual Communication, which meeting is always pro-
vided for in the constitution or regulations, and is
therefore not subject to the call of the Grand Master,
nor has he any power to change it ; for if he had
such power, and should exercise it, then the meeting
would not be the Annual Communication, and the
usual business of that session could not be lawfully
transacted. At the Annual Communication, too, the
order of business is generally fixed by regulation,
which the Grand Master cannot change of his own
authority, because he has agreed to observe and en-
force the regulations of the Grand Lodge.
2. To preside at all meetings of the Grand Lodge,
whether stated or special. Although installed and
proclaimed the Grand Master of Masons, his rela-
tions to the Grand Lodge are the same in this re-
spect as those of a Master to his Lodge. He is there-
fore, by virtue of his office, the presiding officer, and
it is the law that while so presiding there can be no
appeal from his decision to that of the Grand Lodge
— a law which, though generally observed, has its
exceptions ; usually effected, it is true, by indirec-
tion, but effected none the less.
3. To summon any Lodge in the jurisdiction, to
258
PRINCIPLES AND PRACTICE OF
preside therein, and to require an account of its do-
ings. This is one of the undoubted prerogatives of
the Grand Master — one that is free from any restraint
but his own judgment, and one that is in keeping
with the nature of his office and the general princi-
ples of the society, which make him the overseer of
the Craft and necessarily clothe him with all the
power requisite to an efficient discharge of such im-
portant duties.
4. To grant his letters of dispensation for the
formation of new T Lodges under such restrictions as
may be provided in the constitution of his Grand
Lodge. As, for instance, it is provided in the consti-
tution of the Grand Lodge of New York, “ that no
dispensation to form a new Lodge shall be issued
within three months of the Annual Communication/’
that a certain fee shall be exacted, and that certain
recommendations should accompany the petition.
Now t , it is true that the Grand Master might disre-
gard all these requirements and issue his dispensa-
tion to form a new Lodge, w T hich would have to be
respected till the next Annual Communication of the
Grand Lodge ; but it is clear that the body would
not sanction so palpable a violation of its statutes,
even at the hands of the Grand Master — that hence
it w r ould refuse to recognize the new Lodge or its
work, and therefore the Grand Master is bound, as
MASONIC JURISPRUDENCE.
259
an act of justice to the petitioners and in view of his
own covenants, to respect the regulations that are
made by his Grand Lodge. The Grand Master of
England grants a full warrant, but the sanction of
the Grand Lodge is required to complete the stand-
ing of the Lodge, so that in reality there is but the
difference of a name between the acts of the English
Grand Master in constituting a new Lodge and that
of an American Grand Master in issuing his dis-
pensation to effect the same purpose. The real
exercise of power in this respect being the right
vested in the Grand Master to withhold his dispen-
sation ; in which case it would, as a general thing,
be folly on the part of the petitioners to expect a
warrant from the Grand Lodge. Dispensations are
likewise granted by the Grand Master for various
purposes ; as — to shorten the interval between the
degrees, for processions, and other purposes ; but
generally, if not always, in accordance with the re-
quirements of the general regulations of the Grand
Lodge.
5. To constitute new Lodges and instal their offi-
cers when a warrant has been issued by the Grand
Lodge. This appears to be an independent power,
for it is conceded that the warrant is of no effect un-
til the Lodge has been duly constituted and its offi-
cers installed — the power to do which is vested in
260
PRINCIPLES AND PRACTICE OP
the Grand Master, and can only be exercised by him
or by his duly appointed agent or proxy. So, too, in
the laying of corner-stones and the dedication of Ma-
sonic halls, the Grand Master acts by the inherent
authority of his office.
6. To arrest the charter of a Lodge, or to suspend
the Master or any of the officers from the functions
of their respective stations until the annual meeting
of the Grand Lodge. Under the constitution of the
Grand Lodge of New York the Grand Master may
absolutely suspend a warrant, and with it, in his dis-
cretion, all the members of the Lodge ; but this is
an exceptional case, the general rule being that the
Grand Master simply arrests the powers of the war-
rant for the time being, without in any way affecting
the validity of that instrument ; that is, he forbids
any further meetings of the Lodge, or the transac-
tion of any business by it, until the next Annual Com-
munication of the Grand Lodge ; but if at that an-
nual meeting the Grand Lodge should fail to take
action, the warrant would instantly become valid,
and all the lawful powers accruing under it would at
once inure to the Lodge, as completely as if no ar-
rest had taken place. This prerogative is therefore
but a part of the executive or supervisory power
vested in the Grand Master during the recess of the
Grand Lodge, and is exercised by him as the agent
MASONIC JURISPRUDENCE.
261
of the body and subject to such action as may appear
judicious to it, when the facts are presented in the
annual report of the officer. The recall of a Lodge
under dispensation would of course be a finality, be-
cause the process of creating a Lodge not having
been completed by the vote of the Grand Lodge au-
thorizing a warrant of constitution to issue, the Lodge
would not have taken its place in the great family,
nor would it be entitled to the immunities and privi-
leges belonging to a regularly warranted and duly
constituted Lodge.
7. The right to make Masons at sight. This is
undoubtedly an inherent and inalienable prerogative
of the Grand Master, accorded to him by the Ancient
Landmarks, and therefore not to be affected by any
legislation of the Grand Lodge, except in so far as
he may be willing to be advised by the lawfully ex-
pressed will of the brethren,”* but is one which is
seldom exercised, and one that will gradually become
a tradition by the growing force of opinion, which is
rapidly being educated into a belief that there should
be but one entrance to the fold and that all aspirants
should pass through it in like manner and under
* Tims, in 1861, a resolution was passed by the Grand Lodge of
New York, requesting the Grand Master not to issue dispensations
to authorize the conferring three degrees on a candidate at one
meeting (which is in reality making Masons at sight), since which
time no such dispensation has been issued.
262
PRINCIPLES AND PRACTICE OF
similar restrictions. This prerogative has been the
subject of a vast amount of discussion within a few
years past, the net result of which seems to be a
general concurrence in the opinion that the Grand
Master may make Masons at sight, but that he must
do so in a regular Lodge. The proviso, however,
amounts to nothing, for the Grand Master certainly
has power to do in person what he can authorize
others to do by his dispensation, and as no one will
dispute the right of a Lodge U. D. to make Masons,
it follows that any six Master Masons summoned by
the Grand Master to assist him, would, with himself,
be to all intents and purposes a regular Lodge, con-
vened at the will of the Grand Master and dissolved
by a stroke of his gavel, when the purpose of its
meeting had been accomplished.’ The restriction is
therefore but an indication of the general sentiment,
that Masons ought not to be made at all, except in
the way provided in the old regulations ; that is, by
previous notice, due inquiry, and after unanimous
acceptance by some regular Lodge, at a stated com-
munication. It has been well said by the M. W.
John L. Lewis : “ There is no conceivable case which,
to my mind, presents a necessity for the exercise of
the power. It ever resolves itself into a question of
convenience . Going upon a voyage or a long journey
leads to the inquiry why the petition was not made
MASONIC JURISPRUDENCE.
263
in a proper time before the voyage or journey was
undertaken. If a return be contemplated, then the
petition can await the return. The dispensing power
which arrests the requirements of written constitu-
tions, nay, of landmarks, cannot be a landmark itself,
and should be exercised with caution. Every candi-
date should pass the investigations of a discreet com-
mittee and the scrutiny of a secret ballot, before
admission to the portals of our Temple. “ Making
Masons at sight” leads to hasty and imperfect work
— to half-comprehended and confusedly-received in-
struction, and frequently to differences among breth-
ren. It is the fruitful source of complaint where
these hastily-made Masons go. The exercise of the
power is asked always from selfish, not to say mer-
cenary motives ; for the avowed object is always
some personal advantage to the applicant. It rarely
benefits the candidate who thus receives the degrees,
and its refusal can rarely injure him. The rush at
the gates of the institution is sufficiently great with-
out the action of Grand officers to smooth the way.”
Few Masons having the good of the Craft at heart
will dispute the truth of the words here quoted ; and
it is to be hoped that the day is not far distant when,
by common consent, making Masons at sight will be
among the things heard of but not seen.
8. The power to heal irregularly-made Masons.
264
PRINCIPLES AND PRACTICE OF
Having occasion, a few years since, to investigate
this topic in an official capacity, we found two ques-
tions presenting themselves for solution. First —
What is healing ? and secondly, By what authority
is it to be performed ? We found great diversity of
opinion among those we had always looked to for
authority, and, after much correspondence and dis-
cussion, finally arrived at the conclusion that to heal
is in reality to remake the irregular Mason — abbre-
viating the ceremonies, omitting the monitorial in-
struction, but giving the essentials as in the case of
a profane. As this process is equivalent to making
Masons at sight, it readily follows that the power to
control it is in the Grand Master, and that he may
exercise it in person or by dispensation to any regu-
lar Lodge in his jurisdiction.
9. The right of appointment. By referring to the
regulations of 1721, it will be seen that originally the
Grand Master wielded an almost unlimited patron-
age, in the way of appointments to the subordinate
offices of the Grand Lodge. He named his Deputy
and W 7 ardens and various other officers required, ex-
cept the Treasurer, who was always elected. In
England and on the continent such is the custom to
this day, but in the United States the first six offi-
cers of a Grand Lodge are generally made elective,
while the remainder are usually appointed by the
MASONIC JURISPRUDENCE.
265
Grand Master. He likewise appoints the committees
and representatives near other Grand Lodges and
Grand Orients.
10. As a necessary adjunct of the appointing power
there can be no doubt but that the Grand Master
may, in the exercise of his discretion, summon any
Grand officer before him, require an account of his
doings, and for cause suspend him from the functions
of his office, or even remove him altogether.
11. By the constitutions of 1721 the Grand Master
is entitled to two votes, but this is understood to ap-
ply only to cases of a tie, when he gives the casting
vote.
It will be seen from the foregoing summary that
the powers of the Grand Master are not as absolute
as the popular traditions would have us believe — that
even the powers which are indisputably his are sel-
dom exercised but in obedience to the regulations
established by the Grand Lodge, and that as he is
the first Mason in his jurisdiction, so he should bo
the most prompt in his obedience to the laws which
he administers. Of the powers of the Grand Master,
Dr. Oliver well says : “ There are instances in which
it is presumed that the Grand Master can do no
wrong, because he is protected by his prerogative
and justified by an appeal to the Grand Lodge. But
this is a doubtful doctrine, and ought to be received
12
2GG
PRINCIPLES AND PRACTICE OF
with caution, although it derives a negative corrobo-
ration from the constitution of 1721 , which admits
that an abuse of power has never yet occurred, and
therefore it is unprovided for by the text of Masonic
law.”
“ The Grand Lodges of the United States enter-
tain adverse opinions on this point ; for while tljose
of Maryland and Florida have pronounced that an
‘ appeal from the decision of the Grand Master is an
anomaly at war with every principle of Freemasonry,
and as such not for a moment to be tolerated or
countenanced,’ others have promulgated a contrary
doctrine ; but even these admit that the only real
and practical penalty at them disposal is the free ex-
pression of public opinion on his presumed delin-
quencies. But as the power of the Grand Master is
derived from the Grand Lodge, and that body is
composed of delegates elected by the private Lodges,
if he should commit any flagrant act of injustice the
veto of the latter will determine, at the ensuing elec-
tion, whether he shall continue in an office whose li-
cense he has abused by ignoring the opinions of the
Craft and acting in open violation of the constitu-
tions. For what is each private Lodge but a local
legislature, while the Grand Lodge constitutes a vent
for the collective wisdom of its members.”
“It is well for the general interests of Masonry
MASONIC JURISPRUDENCE.
267
that such is the fact ; for it is a sound doctrine that
the opinions of the whole united body ought to sway
the counsels of their delegates, and prevent any of-
fensive exercise of arbitrary power in the Grand
Master.” *
“ Prejudice, partiality, or caprice, may influence
the judgment of a single individual, and produce de-
plorable consequences, however virtuous in intention
or honorable in conduct he may be, which in delib-
erative bodies of men could never happen. Such is
the security which Masons possess against the wilful
aggression of their rulers.”
The Grand Master is required by the ancient reg-
ulations, and all subsequent constitutions, to be
elected annually, but it does not follow that there
need necessarily to be a change at each election.
The tendency is indeed the other way — especially in
Europe, where it may almost be said to be a life
tenure. “ During the last century,” says Dr. Oliver,
“ the prevailing custom was to change the Grand
Master every year or two, in order to induce a greater
number of the nobility to enter the Order, who were
by this practice furnished with an opportunity of
being placed at its head, and acquiring for the re-
mainder of their lives the distinguished rank of a
Past Grand Master ; but for the last sixty or seventy
years the office has been a life appointment. His
268
PRINCIPLES AND PRACTICE OF
Royal Highness the Duke of Cambridge was elected
in 1781, and held the office nine years. At his death,
in 1790, His Eoyal Highness the Prince of Wales
was elected in his stead. He held the office twenty-
three years, and when he became Prince Regent, in
1813, he resigned the Grand Mastership and assumed
the title of Grand Patron, and his brother, the Duke
of Sussex, was elected, who held the office till his
death, in 1843, being thirty years. The present
Grand Master was then chosen, and has filled the
throne ever since.” So that at present England has
no Past Grand Master. Instances are not wanting,
in our own country, of long tenure of office, as in the
case of the late M. W. Philip C. Tucker, of Vermont,
and others ; but our bustling, active life, and the fact
that our Grand Masters are usually business men,
make the political axiom of “ rotation in office” ap-
ply till it has become a rule sanctioned by custom to
consider two years as about the term of service that
may be required of one incumbent. The present
Grand Master of France, Marshall Magnan, was ap-
pointed to his station by the Emperor, without the
formality of an election by the representatives of the
Fraternity in the Grand Orient. This proceeding
was evidently a political coup , as the French term it,
and was doubtless acquiesced in by the Craft to pre-
vent worse consequences befalling them. A subse-
MASONIC JURISPRUDENCE.
269
quent attempt to coerce the society into the adoption
of measures that would have made it a mere puppet
in the hands of the astute monarch, was, however,
gallantly and successfully resisted, showing that
there, as elsewhere, the brethren are not disposed to
yield up the inherent sovereignty that of right be-
longs to them.
THE DEPUTY GRAND MASTER.
Unlike the office of Grand Master, which has al-
ways existed, that of Deputy is a creation of the Reg-
ulations of 1721, previous to which time there does
not appear to have been such an officer. As the title
indicates, he is the immediate assistant of the Grand
Master, and his lawful successor when from any cause
the Grand Master is unable to act. The object of his
appointment may be gathered from the sixteenth ar-
ticle of the Regulations of 1721 : “The Grand Mas-
ter should receive no intimation of business concern-
ing Masonry, but from his Deputy first, except in
such certain cases as his Worship can well judge of ;
for if the application to the Grand Master be irregu-
lar, he can easily order the Grand Wardens, or any
other brethren thus applying, to wait upon his Dep-
uty, who is to prepare the business speedily, and lay
it orderly before his Worship.”
270
PRINCIPLES AND PRACTICE OF
He lias no powers but such as are specially con-
ferred upon him by his Grand Lodge constitution,
and as these vary somewhat in each jurisdiction, it
would be difficult, if not impossible, to state any gen-
eral rule applying to his office. In the State of New
York, the Deputy Grand Master is clothed with con-
siderable power ; he may grant dispensations to cre-
ate new Lodges and for conferring degrees, arrest
charters, etc., but as all his acts are liable to be re-
versed at any time by the Grand Master, he necessa-
rily proceeds with great caution. In Minnesota, his
powers are altogether latent, and only to be called
into exercise in case of the death, absence, or inabil-
✓
ity of the Grand Master. Thus, a dispensation to
form a new Lodge, granted by the Deputy in that
State, was held to be irregular, and the Masons made
under it were required to be healed. We incline to
the opinion that Minnesota is right, and that the
true office of the Deputy Grand Master is to prepare
any business concerning Masonry that may be re-
quired to be laid before the Grand Master, to act as
his proxy when required, and be prepared in case of
need to succeed to his functions. In the United
States, the Deputy Grand Master is generally elected,
but in other countries he is appointed by the Grand
Master.
MASONIC JURISPRUDENCE.
271
THE GRAND WARDENS.
The duties of a Grand Warden are similai to those
of the Warden of a particular Lodge. They stand
next in rank and dignity to the Deputy Grand Mas-
ter, and succeed in order of seniority to the duties of
the Grand Master when required so to do by the ab-
sence of their superior officers. As in the Lodge,
too, the offices of Senior and Junior Grand Warden
are entirely separate, and it does not follow that be-
cause the Senior Grand Warden is absent, that the
Junior is to take his place, or that in the absence of
the Deputy the Senior Grand Warden is to sit on the
left of the Grand Master, but in case of a vacancy in
either office it is to be temporarily filled by appoint-
ment of the Grand Master. The rule of succession
only applies, in either case, when all the superior of-
ficers are absent. They have no other prerogative
except that of presiding in subordinate Lodges when-
ever they are present in company with the Grand
Master. They form part of the cabinet or council of
the Grand Master, and are always consulted in rela-
tion to the business of the Grand Lodge. In Europe,
they are appointed. In this country, the Grand
Lodges reserve the right of electing them.
272
PRINCIPLES AND PRACTICE OF
THE GRAND TREASURER.
The duties of this officer are strictly financial. He
takes charge of all the properties, funds, and Touch-
ers of the Grand Lodge, pays all orders properly
drawn upon the money in his custody, is required to
give bonds for the faithful performance of his duties,
to submit his books and vouchers to inspection when-
ever required by the Grand Master or Grand Lodge,
and to pay over to his successor all funds, property,
and vouchers remaining in his hands at the expira-
tion of his term of office.
The first Grand Treasurer seems to have been ap-
pointed in 1727, and the duties expected of him are
very fully defined in the old Regulations. He con-
tinued in office till 1738, when a Grand Treasurer
was elected, and since that time the office has always
been filled by the votes of the members of the Grand
Lodge. He is by virtue of his office a member of
the body.
GRAND SECRETARY.
This office was first created in 1723, and has grown
in importance with the vast proportions assumed by
the society till now it is at once a post of distinction
and a laborious charge upon its incumbent. Its du-
ties are of such a responsible nature that none but
MASONIC JURISPRUDENCE.
273
men of education and refinement should accept its
honors, or be elected to the discharge of its duties.
As the amanuensis of the Grand Lodge, the Grand
Secretary is brought into contact with brethren from
all parts of the globe, and should be able by his ur-
banity and courtesy to convey a favorable impression
of the body he represents. He not only issues sum-
mons for all meetings of the Grand Lodge and its
committees, but is bound to attend them with his
books when required, in order that he may impart
information and take a careful record of the proceed-
ings, to be read for information at subsequent meet-
ings and to be preserved in the archives for future
reference. The returns of all subordinate Lodges
are made to him, and he is in most jurisdictions re-
quired to keep a correct registry of their members.
He is to receive, duly file, and safely keep all papers
and documents of the Grand Lodge, to sign and cer-
tify all instruments emanating from it, to receive and
keep a proper account of all moneys of the Grand
Lodge and pay them over to the Grand Treasurer,
and to report annually to his Grand Lodge a detailed
account of his acts. In addition to his clerical du-
ties, he is frequently — in this country — the chairman
of the Committee on Foreign Correspondence, and
is charged with the correspondence of the Grand
Lodge, under direction of the Grand Master. In the
274
PRINCIPLES AND PRACTICE OP
important and often delicate questions that are
treated in this correspondence, great tact and dis-
crimination are required, and the mental calibre of
the officer is here put to its severest test. Though
but limited discretion is given the Grand Secretary-
in recording the official transactions of the Grand
Lodge, which, being presented in the form of written
resolutions, reports, etc., he has little more to do
than to arrange in the Order of their presentation, he
may, and ought, by a proper use of the material that
passes through his hands, prepare and preserve a
history of the great Masonic events of his day that
should have the quality of correctness and the value
of being official.
This office comes nearest a life-tenure of any con-
nected with our Grand Lodges, the same brother be-
ing generally continued in it by successive re-elec-
tions as long as he chooses to serve.
THE GRAND CHAPLAINS.
This office, although of modern origin, the first
Grand Chaplain having been appointed in 1775, has
now very properly been assigned a place in all the
American Grand Lodges. It is a graceful tribute to
that religious principle that should underlie all great
institutions, and is peculiarly becoming in our Grand
Lodges, which admit the fundamental truths all re-
MASONIC JURISPRUDENCE.
275
ligions, but pay no heed to the distinctions of creed
or sect, it being no uncommon thing for several
Grand Chaplains to be appointed, each of whom
represents a different religious denomination. The
duty of a Grand Chaplain is to conduct the religious
ceremonies of the Grand Lodge, as well in its usual
assemblies as on occasions of public ceremony.
THE GRAND MARSHAL.
This is an office which seems to have been created
in the days when Masonic processions were more
frequent than they are now, or, we trust, are ever
likely to become again, and the duty of this officer —
as the name implies — was to conduct them. In these
days, and in such Grand Lodges as appoint a Grand
Marshal, he is stationed near the Grand Master, to
assist in maintaining order and observing such com-
mands as may be given him by the presiding officer.
He is required to take charge of processions of the
Grand Lodge, should any occur.
THE GRAND STANDARD BEARER.
This is one of the appointed officers in some Grand
Lodges, but by no means in all. His duty is to take
charge of the banner of the Grand Lodge in all pub-
lic processions.
276
PRINCIPLES AND PRACTICE OF
THE GRAND SWORD BEARER.
Like tlie Standard Bearer, this officer is appointed
by the Grand Master. His special duty is to carry
the state sword immediately in front of the Grand
Master, in public ceremonials in which the Grand
Lodge participates.
THE GRAND STEWARDS.
These officers, as implied by their title, were form-
erly charged, in conjunction with the Grand War-
dens, with the preparations for the annual feast, an
indispensible accompaniment of the Grand Annual
Communication which was held on St. John’s Day,
in June or December, as the Grand Lodge by regu-
lation should decide — usually in June. They made
the necessary purchases, sold the tickets bearing tho
Grand Master’s seal, and rendered their accounts to
the Grand Lodge “ after dinner,” as will be found in
the thirteenth and fourteenth of the old Regulations.
Such, we believe, is the custom in England to this
day ; but in America the annual feast — except, per-
haps, in one or two instances — has become obsolete,
and the communications of Grand Lodges are de-
voted to the regular business of the Craft. The
Grand Stewards are now generally charged with the
investigation of applications for assistance on the
MASONIC JURISPRUDENCE.
277
part of indigent brethren, widows, and orphans, from
the funds of the Grand Lodge.
THE GRAND DEACONS
Are appointed officers, and like the Deacons of a
Lodge are the messengers of the Grand Master and
Grand Wardens. They are stationed near the Grand
Master, in all public processions and ceremonials.
The Grand Marshal, Grand Standard Bearer, Grand
Sword Bearer, Grand Stewards, and Grand Deacons
have no powers or prerogatives, merely obeying such
orders as may be issued to them, and are generally
termed, in military parlance, the Staff of the Grand
Master.
THE GRAND POURSUIVANT,
Whose title comes down to us from the days of
chivalry, is a kind of assistant Tyler, and exercises
functions analagous to those of the Junior Deacon of
a Lodge, being placed inside the porch of the Tem-
ple to maintain order among those congregated there,
and to see that none pass or repass without the req-
uisite permission.
THE GRAND TYLER,
Like his prototype in the subordinate Lodge, is
placed outside the gate and charged with watch and
278
PRINCIPLES AND PRACTICE OF
ward against all who are not entitled to pass. Al-
though the lowest in rank of the Grand officers, ho
is certainly not the least important, for on him rests
the responsibility of a careful guard against cowans
and a courteous welcome to the true. It is of the
highest importance that he should not lightly vouch
for any one ; for, as having been present with a per-
son in Grand Lodge is considered the highest au-
thority for admitting him to a subordinate one, a
mistake here might lead to many others. The Grand
Poursuivant and Grand Tyler are usually Past Mas-
ters of long standing, and are generally paid a mod-
erate salary for their services.
THE GRAND LECTURER.
In the earlier days of Masonry on the American
continent, it was usual to appoint a number of breth-
ren in each Grand Lodge jurisdiction, under the title
of “ Grand Visitors,” who were employed in journey-
ing about the State, visiting the Lodges, examining
their work, instructing them when required, and at-
tending to such other business connected with the
welfare of the Craft as might be confided to them by
the Grand Lodge or Grand Master ; but with the in-
crease of Lodges and Masons, the labor has been
divided, the “ work” being placed in charge of Grand
Lecturers, and the other business in that of District
MASONIC JURISPRUDENCE.
279
Deputy Grand Masters. The present idea of a Grand
Lecturer seems to be, that he shall have the quality
of being able to recite the words of the ritual with
undeviating accuracy as often as may be required,
which point being reached, nothing further is looked
for by the Craft, and rarely, if ever, offered by the
Lecturer. For this state of affairs the Grand Lec-
turers are not to be held responsible ; they are ap-
pointed to comply with a certain demand, and they
do it ; but it is to be regretted that public sentiment
should have been so viciously educated, and that the
formal repetition of set phrases should have come to
be considered of such vital importance to Masonry,
to the exclusion, in too many instances, of higher
and nobler themes — to the making of the paths that
lead to the Temple of greater importance than all
the glorious arcana within its precincts. Masonry is
a science, and as such appeals to men of intelligence
and education, and offers a sure reward to the indus-
trious seeker after its hidden mysteries ; but such
men will not and cannot be hampered by the mere
words in which the formulas of initiation shall be
communicated or explained, nor will they consent to
fritter away precious time in chasing the shadows of
verbiage when they can be better employed in pur-
suit of solid attainments, of which our system offers
such an abundance. We have, then, no hesitation in
280
PRINCIPLES AND PRACTICE OF
saying that we have seen with sincere regret the spe-
cial efforts made within a few years to bend the ener-
gies of the Craft to the attainment of uniformity in
the ritual — a chimera as unsubstantial as the visions
of the night ; that, so far from producing the desired
end, has but resulted in the estrangement of breth-
ren, in differences among the workmen on different
parts of the building, in the intrusion of crude ideas
hatched in the brains of unlettered men — always pre-
sented, however, as the ancient work ; in short, of
making confusion worse confounded, and substituting
the exercise of the lips for the legitimate work of the
brain. That the Gran^l Lodge is the lawful custo-
dian of the work, we freely admit, and, that it should
always endeavor to maintain the essentials of the
ritual in the simple quaintness of the fathers, we ac-
knowledge, but we can see in this no reason why a
legitimate duty should be made the vehicle of an at-
tempt to force all men to think and see alike, or to
assert an equality of intellect where the Great Archi-
tect has refused so to make men ; much less can it
be made the apology for secret combinations in be-
half of particular systems, by the introduction of
which it is hoped not only to make individual in-
structors always use the same identical words, but
to reduce the general mind to a certain line, from
which it shall never swerve to the right or left by the
MASONIC JURISPRUDENCE.
281
breadth of a hair. Yet we have witnessed within a
few years a combined, systematic, and secret attempt
to displace the authority of Grand Lodges in this
particular, and substitute one set of words for an-
other ; and we have seen, too, that it has given rise
to more heart-burnings, ill blood, and unmasonic
demonstrations than anything that has been sought
to be fixed upon the institution since its introduction
into this country. And the men, too, who are most
ardent in this work are generally those who scarcely
know that Masonry has a history, a philosophy, or a
literature ; who are innocently unaware that the
“ work” which secures their admiration and com-
mands their zeal is but one of the variations that
have been made from time to time since the days of
the great innovator Preston, and those of his imita-
tor and still greater innovator Webb. The original
degrees of Masonry have been so buried under the
multiplied additions of ritualists, for the last hun-
dred years, that the Masons of the present day —
choose what system they will — cannot hope to ap-
proach the simplicity of the original. Why, then,
devote our time and attention to mere words ? Why
quarrel about A, B, or C’s work, when we know that
neither of them is anything more than a new version
of an old story, and that not one of them is in truth
the true work practised so recently as 1717 ? Let
282
PRINCIPLES AND PRACTICE OF
us rather seek to retain the essential features of the
ritual, with less regard for the mere words in which
our ideas may be conveyed, or at least without mak-
ing the power of machine-like repetition the test of
Masonic perfection.
From these premises the reader will easily arrive
at the conclusion, that a Grand Lecturer should be
something more than a ritualist ; that he should be
able to instruct the brethren not only in the forms
and ceremonies of the several degrees, but in the
hidden meaning of the symbols ; that, having led
them through the courts of the Temple, he should
be able to put aside the vail that conceals the inner
mysteries, and direct their investigations to higher
and nobler themes.
When such are the qualifications required of Grand
Lecturers, and they prepare themselves accordingly,
a brighter day will dawn upon Masonry, and its dis-
ciples will have arrived one stage nearer the accom-
plishment of its mission.
DISTRICT DEPUTY GRAND MASTERS.
The officers who bear this title have been known
to the Craft but a short time, the office having been
created to supply a want growing out of the vast in-
crease of the society in modem times. They have,
therefore, no inherent powers, and only exercise such
MASONIC JURISPRUDENCE.
283
functions as may be specially given them by the con-
stitutions of the Grand Lodge for which they act.
They are really Assistant Deputy Grand Masters, but
are distinguished from the real Deputy by the fact,
that while he may exercise the powers of his office
in any part of the jurisdiction, they are limited to the
supervision of a certain number of Lodges called, for
convenience sake, a Masonic district, whence their
title. Although the powers exercised by them vary
somewhat in different localities, the general idea is,
that they shall visit all the Lodges in their district
at least once in each year, examine their records and
proceedings, collect statistics of their numbers and
progress, and report annually to the Grand Lodge
their standing, and what — if any — legislation is re-
quired to promote their welfare and prosperity.
The appointment of these officers is but an exten-
sion of the twentieth of the old Regulations, which
requires the “ Grand Master, with his Deputy and
Wardens, to go round and visit all the Lodges about
town (at least once) during his Mastership.” When
that regulation was adopted, there were not, prob-
ably, a dozen Lodges in London, so that the call
upon the Grand Master’s time was not onerous ; bui
in some of the American jurisdictions, where there
are from two hundred and fifty to five hundred
Lodges, a single visit to each would be a severe tax
284
PRINCIPLES AND PRACTICE OF
upon the Grand Master’s time. Moreover, it it quite
as necessary to visit Lodges out of cities as those in
them, and it was therefore necessary to devise some
plan by which that object could be accomplished ;
and this, in our judgment, was most happily effected
in the creation of the office of District Deputy.
The brethren who accept these offices by no means
acquire honor without labor ; on the contrary, the
duties required of them demand much time, no small
amount of patience, good address, and familiarity
with the laws and usages of the society. In some of
the country districts, where the Lodges are located
at considerable distances from each other, it is often
necessary for the Deputy to leave his usual avoca-
tions and travel many weary miles, in the discharge
of his duty ; and yet, we are proud to say, those du-
ties are rarely neglected. The benefits that thus ac-
crue to Masonry may not be lightly estimated ; and
while we should be glad, for the sake of the Craft, to
see the system adopted in every Grand Lodge juris-
diction, and trust to see it always continued in our
own, we would bespeak a larger appreciation of the
officers themselves, and such a recognition of their
importance as would enable them to appear in Grand
Lodge at the Annual Communications, without ex-
pense to them individually. While the Masters and
Wardens represent their particular Lodges, the Dis-
MASONIC JURISPRUDENCE.
285
trict Deputies represent a number, and are qualified
bj actual inspection to speak of their condition and
needs, and thus enable the Grand Lodge to legislate
advisedly on matters that relate to the welfare of the
great body of the Craft.
Their immediate value, however, is in the fact of
their availability in arranging unseemly bickerings,
and preserving that concord and unity so essential
to the well-being of Lodges, by counsel, by admoni-
tion, and — when needed — by the strong hand of au-
thority. A kind word spoken in season may quench
the fires of passion about to break forth, and while
the belligerents, from a sense of wounded or mis-
taken pride, might fail to allow for each other’s
faults, or take the first step toward reconciliation,
the District Deputy could gracefully do so, as one of
the duties of his office ; and if these brethren never
did anything else, we hold that their appointment
would be most commendable.
•' s
°r The r
i UNi VER8tTY )
Vp y
APPENDIX.
FORM OF PETITION FOR A NEW LODGE.
To the M. W. Grand Master of Masons of the State of
The undersigned petitioners, being Ancient Free and Accepted
Master Masons, having the prosperity of the fraternity at heart,
and willing to exert their best endeavors to promote and diffuse
the genuine principles of Masonry, respectfully represent — That
they are desirous of forming a new Lodge in the of
to be named No They therefore pray for letters of
dispensation, to empower them to assemble as a regular Lodge, to
discharge the duties of Masonry, in a regular and constitutional
manner, according to the original forms of the Order, and the reg-
ulations of the Grand Lodge. They have nominated and do recom-
mend Brother A. B. to be the first Master ; Brother 0. I), to be
the first Senior Warden, and Brother E. F. to be the first Junior
Warden, of said Lodge. If the prayer of this petition shall be
granted, they promise a strict conformity to the edicts of the Grand
Master, and the constitution, laws and regulations of the Grand
Lodge.
FORM OF DISPENSATION FOR A NEW LODGE.
To all whom it may concern:
Know ye, That we, A. B., Most Worshipful Grand Alas ter of An-
cient, Free and Accepted Masons of , having received a peti-
tion from a constitutional number of brethren, who have been
properly vouched for as Master Masons in good standing, setting
forth that, having the honor and prosperity of the Craft at heart,
they are desirous of establishing a new Lodge at under our
masonic jurisdiction, and requesting a Dispensation for the same :
/
288 APPENDIX.
And whereas there appears to us good and sufficient cause for
granting the prayer of the said petition ; we, by virtue of the pow-
ers in us vested by the ancient Constitutions of the Order, do grant
this our Dispensation, empowering Brother A. B. to act as Wor-
shipful Master, Brother C. D. to act as Senior Warden, and Bro-
ther E. F. to act as Junior Warden of a Lodge to be held under
our jurisdiction at by the name of And we further
authorize the said brethren to Enter , Pass t and liaise Freemasons,
according to the Ancient Constitutions of the Order, the customs
and usages of the Craft, and the Rules and Regulations of the
Most Worshipful Grand Lodge of and not otherwise. And
this our Dispensation shall continue of force until the Grand
Lodge aforesaid shall grant a Warrant of Constitution for the same,
or this Dispensation be revoked by us, or the authority of the
aforesaid Grand Lodge.
Given under our hand, and the seal
[L. S.] of the Grand Lodge, at this
day of , A. \ L. \ 58 .
Q R
Y Z Grand Master.
Grand Secretary.
FOltM OF WARRANT FOR A LODGE.
Grand Master.
Dep. G. Master.
Sen. G. Warden.
Jun. G. Warden.
We, the Grand Lodge of the Most Ancient and Honorable Fra-
ternity of Free and Accepted Masons, of the State of in
Ample Form assembled, according to the Old Constitutions, regu-
larly and solemnly established under the auspices of Prince Edwin,
at the city of York, in Great Britain, in the year of Masonry 4926,
viz. :
The Most Worshipful Grand Master,
The Right Worshipful Dep. G. Master,
The Right Worshipful Sen. G. Warden,
do, by these presents, appoint, authorize, and empower our worthy
APPENDIX.
289
brother to be the Master ; our worthy brother to
be the Senior Warden ; and our worthy brother to be the
Junior Warden, of a Lodge of Free and Accepted Masons, to be,
by virtue hereof, constituted, formed, and held in
which Lodge shall be distinguished by the name or style of
and the said Master and Wardens, and their successors in office,
are hereby respectively authorized and directed, by and with the
consent and assistance of a majority of the members of the said
Lodge, duly to be summoned and present upon such occasions, to
elect and install the officers of the said Lodge as vacancies happen,
in manner and form as is, or may be, prescribed by the Constitu-
tion of this Grand Lodge.
And further, the said Lodge is hereby invested with full power
and authority to assemble upon proper and lawful occasions, to
make Masons, and to admit members, as also to do and perform
all and every such acts and things appertaining to the Craft as
have been and ought to be done, for the honor and advantage
thereof, conforming in all their proceedings to the Constitution of
this Grand Lodge, otherwise this Warrant, and the powers thereby
granted, to cease and be of no further effect.
Given under our hands and the seal of our Grand Lodge, at
the city of in the United States of America, this. . . .
day of in the year of our Lord one thousand eight
hundred and and in the year of Masonry five thou-
sand eight hundred and
Grand Secretary.
Registered in the Book of the Grand Lodge,
Page ....
FORM OF A LODGE CERTIFICATE.
To all F bee and Accepted Masons on the face of the globe
— Greeting :
We, the Master and Wardens of Lodge No. . . . Free and
Accepted Masons, constituted under a charter from the M. W.
Grand Lodge of the State of do certify that our worthy
brother has been regularly initiated as an Entered Appren-
13
290
APPENDIX.
tice, passed to the degree of Fellow Craft, and raised to the sub-
lime degree of Master Mason, and is distinguished for his zeal and
fidelity to the Craft W e do therefore recommend that he be re-
ceived and acknowledged as such by all true and accepted Freema-
sons wheresoever dispersed.
In testimony whereof we have granted him this certificate under
our hands and the seal of the Lodge (having first caused our wor-
thy brother to sign his name in the margin), this day of
A.D. 18.., A. L. 58..
W. M. S. W.
Sec’y. J. W.
This is to certify that Lodge No. . . is a legally consti-
tuted Lodge, working under the jurisdiction of the M. W. Grand
Lodge of
585.
Grand Sec’y-
FOltM OF A G11AND LODGE DIPLOMA.
TFe, the Grand Lodge of the State of New York, by these presents
testify and declare to all whom it may concern, that our brother
who has signed his name in the margin hereof, is a reg-
ular Master Mason of Lodge No. . . , as appeal's to us by the
certificate of the said Lodge held under our jurisdiction in the
county of State of New York, in the United States
of America. In testimony w’hereof w’e have caused our seal to be
hereunto affixed, and our Grand Secretary to subscribe the same,
at the city of New York, this . . day of A. D. 18. . A. L. 58. .
Grand Secretary.
FORM OF A DIMIT.
FREE AND ACCEPTED MASONS.
Lodge No
Acknowledging the jurisdiction of the Grand Lodge of the State
of to all whom it may concern, greeting : This certifies
APPENDIX.
291
that brother whose name appears in the margin of this
dimit, is a Master Mason, and was a member of this Lodge in good
standing and clear of the books, and as such we do cordially com-
mend him to the fraternal guard of all true Free and Accepted Ma-
sons, wherever dispersed around the globe.
In testimony whereof we have caused this dimit to be signed by
the Master, and the seal of the Lodge to be attached, this .... day
of A. D. 18.., A. L. 58..
Secretary. Master.
FORM OF TRIALS AND APPEALS.
The first step to be taken toward a Masonic trial is, of course, to
prefer charges, or make a complaint. The important requisites of
a complaint are, that it should be brief, and yet comprehensive,
clearly defining the nature of the offense charged, with an accurate
specifying of the time, place and circumstances of its commission.
This, when the transaction took place out of the Lodge, may be
preferred by any brother, but should properly be presented by the
Junior Warden. It may be in this form :
1. — Complaint.
To the W. Master, Wardens and Brethren of Triluminar Lodge,
No. 800 : Brother A. B. is hereby charged with immoral and unma-
sonic conduct :
First Specification. — That the said A. B., on the first day of April
1859, in the public street, at Freetown, in the county of was
in a state of intoxication from the use of strong and spirituous liq-
ors, in violation of his duty as a Mason, and to the scandal and
disgrace of the Masonic Fraternity.
Second Specification. — That the said A. B., on the first day of
April, 1859, at Freetown aforesaid, and at various other times and
places, in the year 1859, was intoxicated with strong and spiritu-
ous liquors, although admonished therefor by the Master and War-
dens of this Lodge, in violation of his duty as a Mason, to the great
scandal and disgrace of the Fraternity ; and it is hereby demand-
ed, that the said A. B. be dealt with therefor, according to Ma-
sonic law and usage.
S. L., Junior Waiden.
Dated April 9, 1859.
292
APPENDIX.
2 .— Complaint (in another form.) *
To the W. Master, Wardens and Brethren of Trilaminar Lodge,
No. 800 : Brother C. D. is hereby charged with immoral and unma -
sonic conduct :
First Specification . — That the said C. D., on the first day of April,
1859, at Freetown, in the county of in the presence and
hearing of Bro. E. F., and others, spoke and declared of Bro. G.
H., of Anchor Lodge, No. 801, these words in substance : that the
said G. H. was a dishonest man ; that he was a knave and a cheat ;
and that he was a liar, to the great injury of the said G. H., and
to the common scandal and disgrace of the Masonic Fraternity.
Second Specification . — That the said C. D., on the first day of
April, 1859, at Freetown aforesaid, in the presence and hearing of
Mr. Y. Z., and others, publicly spoke and declared of the said G.
H., who was not present, that he, the said G. H., was a dishonest
man, a knave, a cheat and a liar, in violation of the duties of the
said C. D. as a Master Mason, to the great injury of the said G.
H., and to the common scandal and disgrace of the said Anchor
Lodge, No. 801, and of the Masonic Fraternity ; and it is therefore
hereby demanded, that the said C. D. be put upon trial therefor.
S. L., Junior Warden.
Dated April 9, 1859.
These forms might be indefinitely multiplied, but these will be
sufficient to show the manner and importance of specifying time,
place and circumstances constituting the offense.
This charge (and that contained in the first form will hereafter
be followed) having been presented in open Lodge, and received,
the Master thereupon appoints commissioners to hear and try the
same, pursuant to the provisions of the constitution, which is en-
tered upon the minutes. The charges need not be entered, but
the nature of them should be. It is then the duty of the Secretary
immediately to serve upon the accused a copy of the charges, with
the following notice annexed :
3. — Notice of Charges,
Bro. A. B. : Take notice, that the within (or foregoing) is a copy
of the charges preferred against you, at a stated communication of
Triluminar Lodge, No. 800, held on the 9th of April, iust, and
APPENDIX.
293
that Bros. R. S., T. U. and V. N. were
to hear and try the same.
Dated, April 10, 1859.
appointed commissioners
P. Q., Secretary.
Should the commissioners determine, at the time the charges
are preferred (and it is recommended that they should in all cases,
if possible), when and where they will meet for trial, the Secretary
may add to the above notice the following : “and that they will
meet for that purpose on the 20th instant, at 7o’clock p. m., at
Triluminar Lodge room, at Freetown, at or before which time
you are required to answer said charges.”
In case the accused absent himself, so that the charges cannot
be personally served, the copy may be transmitted by mail, if his
residence be known ; if not, after a reasonable time, and after dil-
igent inquiry, the Secretary should report the fact to the Lodge
for their further action. In all cases the prosecutor or Secretary
should take care that the accused be served with notice of the time
and place of meeting of the commissioners for trial, at the time of
service of the charges.
The charges being served, it is the first duty of the accused, if
he has an objection to any of the commissioners, to make his chal-
lenge, that the master, if satisfied that there is ground for it,
may supply the vacant place by another appointment. If there
be doubts as to its foundation, the master, or other commission-
ers, may act as triers ; but it is recommended that if there be rea-
sonable objection, or probable cause therefor be manifest, that the
commissioner challenged remove all question by resignation.
The tribunal being properly constituted, it is next the duty of
the accused to answer the charges. As this must be in every
case equivalent to the well-known plea of “Not Guilty,” it is
scarcely necessary to furnish a form, yet, for the sake of making
up a complete record, in cases of appeal, one is subjoined :
4r. — Answer.
C. D., in person, denies the charges mado against him, and ev-
ery matter and thing contained in the several specifications of
the same, and demands trial thereon.
Of course this answer will vary according to the facts of each
casA One specification may be admitted and another denied.
294
APFENDIX.
The charge and specifications may be admitted, and matters set
up in extenuation or excuse. Assuming the answer to be a denial
the issued is formed, and the parties proceed to trial. To procure
the attendance of witnesses on either side, some process may be
necessary. If the witness be not a Mason, his attendance must,
of course, be voluntary ; but a Mason is bound to obey a sum-
mons. This may be issued by any master of a Lodge (Constitu-
tion § 56), and in the following form :
5. — Sammons for 'Witness.
To Bro. I. J. : You are hereby summoned and required to at-
tend as a witness before the commissioners appointed for the trial
of A. B., on certain charges preferred against him, on the 20th
day of April, instant, at 7 o'clock p. m., at the Lodge room of Tri-
luminar Lodge, No. 800, in Freetown, and there to testify the
truth, according to your knowledge.
K. L., Master.
Dated, April 16, 1859.
This may be made to answer for several witnesses, by inserting
their names and adding the words “and each of you” after the
word “you.” The brother disobeying such a summons may be
proceeded against as in case of disobedience to any other sum-
mons. For this purpose the person serving it should note upon
it when and how it is served.
The commissioners, having met for trial, should organize ; that
is to say, one of their number (and usually the first named) should
preside, though they may choose another for that purpose ; and
another of them should be chosen to act as their clerk, and keep
the minutes of their proceedings. A copy of the resolution under
which they were appointed, together with their appointment,
should be furnished them by the Secretary. They should keep
minutes of their proceedings, which may be in this form :
G. — Minutes of Commissioners.
The commissioners appointed for the trial of A. B., on the
charges a copy of which is hereto annexed (marked A) pursuant to
the following resolution (copy resolution), assembled at the Lodge
room of Triluminar Lodge, NTo. 800, on Wednesday evening, the
20th of April, 1859 :
APPENDIX.
295
Present : K. S., T. U. and V. K, commissioners. B. S. offici-
ated as chairman, and V. N. was chosen clerk.
A. B. appeared before them and objected to T. U., one of the
commissioners, on the ground that he was present at the meeting
of the Lodge when the charges were preferred, and voted for their
reference.
Bro. T. U. stated that he had formed no opinion on the subject,
and the other commissioners decided that he was competent to act
as commissioner, to which Bro. B. took an exception.
The charges w'ere then read by Bro. S. L., Junior Warden, to-
gether with the answer of Bro. A. B.
Bro. B. requested that P. S. , Esq. , an attorney and not a Ma-
son, should examine the witnesses on his behalf and assist him in
his defense. The commissioners decided against the request, but
further decided that he might employ the services of any brother
to assist him in defense ; to which Bro. B. took an exception. He
then employed Bro. N. O. to assist him as counsel. Bro. O. ob-
jected to the form of the charges as being vague and uncertain,
but the commissioners decided them to be sufficient ; to which
Bro. 0. took an exception.
Bro. E. F. was then introduced as a witness by the Junior War-
den, and testified as a Master Mason as follows : I am acquainted
with Bro. A. B. ; I saw him on Main street, in Freetown, on the
first day of April last ; I was on the opposite side of the street ; he
appeared to be much intoxicated (objection was made to the ap-
pearance of accused, but it was overruled and an exception taken) •
he was there for about half an hour ; he reeled as he walked, &c.
On cross-examination Bro. E. F. further testified : I know that
Bro. B. had been sick, &c.
The commissioners then adjourned to meet at the same place
on Thursday evening, the 21st April 1859, at 7 o’clock r. m.
Thursday evening , April 21, 1859.
The commissioners met pursuant to adjournment : present all
the commissioners and also Bro. L. the Junior Warden and Bro.
A. B. and his counsel Bro. O.
Bro. U.. officiated as chairman.
Mr. H. C. was then introduced as a witness by the Junior War-
den, and stated as follows :
I was in Freetown on the first day of April instant, &c
296
APPENDIX.
The proofs on tho part of the complainant here rested.
Bro. O., on behalf of Bro. A. B., then produced the sworn affi-
davit of Mr. J. B., to which the Junior Warden objected, on tho
ground that Mr. B. should be produced for cross-examination.
The commissioners sustained the objection on that ground, and
Bro. O. took an exception.
Mr. B. was then produced, and the Junior Warden then con.
sented that his affidavit might be read, which was read according-
ly, and is hereto annexted (marked B).
The Junior Warden then cross-examined Mr. B., who stated as
follows, Ac.
The proofs being closed, after hearing both parties, the commis-
sioners decided to meet again on the 23d day of April instant, to
determine on their report
Saturday, April 23, 1859.
The commissioners again met by themselves, and after consulta-
tion decided upon their report, a copy of which is hereto annexed
(marked C), and notified the parties thereof.
Signed by the Commissioners.
These minutes have been given in this extended form because
they present a convenient way of stating certain facts and proceed-
ings on trial. Thus, the statement of formal objections and the
grounds of them, together with the decision thereon of the com-
missioners (which should always be stated), are here set forth ;
also, that the Junior Warden acted as prosecutor ; that the em-
ployment of an attorney not being a Mason was not permitted, but
that the accused was permitted to have counsel ; that the first wit-
ness testified in his character as a Master Mason, and that the
second witness, not being a Mason, made his statement merely, no
oath being administered to either ; that the testimony is taken
down in the words of the witness, and of course in the first per-
son as he spoke ; that the precise point objected to is stated ;
that the t im e and place of each adjournment are noted ; that a
sworn affidavit was not admitted because no opportunity was given
for cross-examination ; and, finally, that the commissioners met
alone and decided upon their report, and then gave notice to the
parties ; all of which may furnish useful hints to those engaged
in such trials, without further comment ; it being presumed that
APPENDIX.
297
the usual forms of such proceedings and the ordinary rules of evi-
dence are understood and will be observed. It is at the option of
the commissioners whether they will admit any one to be present
but the parties and the witnesses testifying, but on all such oc-
casions none but Masons should be admitted, except the witness
not a Mason, and while testifying.
As the form of the notice given to the parties by the commis-
sioners (Constitution, § 57) may be desired, it is here given, and
may be as follows.
7 . — Xotice of Decision.
To Bro. S., Junior Warden, and Bro. A. B. .
You will each take notice that we have agreed upon and signed
our report in the matter of charges against Bro. A. B., referred to
us, by which we have found the charges sustained, and Brother B.
guilty thereof, and that the expenses of the proceedings be paid
by him ; and that we shall present the report to Triluminar Lodge
at its stated communication, on the 30th April instant.
(Signed by the Commissioners. )
Dated April 23d, 1859.
The trial being concluded and the report thus agreed upon, the
commissioners will have it drawn up in form for the action of the
Lodge. This report need not, in the first place, contain anything
but the facts found and the conclusions arrived at thereon by the
commissioners. These conclusions, like those of any other com-
mittee, should be in the form of resolutions, for the definite action
of the Lodge. Should the Lodge, on the report coming in, desire
to hear the testimony read or any of the decisions stated, it will be
the duty of the commissioners to comply.
The report may be in the following form :
8. — Deport of Commissioners.
To the W. Master, Wardens and Brethren of Triluminar Lodge,
No. 800.
The commissioners appointed for the trial of Bro. A. B., on
charges of intoxication heretofore preferred in this Lodge, respect-
fully report :
That they met at the Lodge room of this Lodge on Wednesday
evening, the 20th of April last past, and proceeded to hear and try
the matters referred to them.
298
APPENDIX.
ITiat objections were presented to Bro. U., one of their number,
which they overruled, and also refused to permit Bro. B. to ap-
pear by counsel, not being a Mason, and thereupon Bro. N. O.
appeared for him. That objections were made to the charges,
which were overruled.
That they proceeded to take testimony (in the course of which
they decided not to admit a sworn affidavit), and Bro E. F. and
Mr. H. C. and Mr. J. B. were examined as witnesses.
That they held three meetings, the last of w’hich was for the
purpose of agreeing upon and preparing their report
That from the testimony before them they find the following
facts :
1. That Bro. A. B. was intoxicated with strong and spirituous
liquors, in a public place, at Freetown, on the first day of April,
1859.
2. That Bro. A. B. has been at least twice intoxicated in a pub-
lic place, in Freetowm aforesaid, within two weeks previous to the
said first day of April, 1859.
They therefore recommend the adoption of the following resolu-
tions :
Resolved, That the charges of intoxication against Bro. A. B. ,
made and presented to this Lodge on the 9th day of April, 1859,
are sustained, and that he is guilty of the said charges.
Resolved, That Bro. A. B. be and he is hereby suspended from
this Lodge, and from the rights and privileges of Masonry, for the
space of three months from this date.
The charges and expenses of the commissioners amount to the
sum of three dollars, which they adjudge that Bro. A. B. should
pay, of all which they have notified the Junior Warden and Bro.
A. B. All of which is respectfully submitted,
R. S. 1
T. U. >• Commissioners.
Dated, April 23, 1859. V. W. )
If the resolutions be adopted, the Secretary of the Lodge should
transcribe them on his minutes, together with the adjudication as
to charges and expenses. The resolutions, however, are subject to
the action of the Lodge, who may reverse the decision of the com-
missioners, or, if sustained, may amend the resolution as to the
penalty by increasing or diminishing it ; the decision of the com-
APPENDIX.
299
missioners, however, as to expenses is final (Cons. § 61.) Should
the resolutions be adopted (and for this purpose a majority vote is
sufficient, unless the by-laws provide differently, ) and the accused
be absent from the Lodge, it is the duty of the Secretary to furnish
him immediately with a copy of the resolutions and of the award
as to expenses, with a notice, which may be in this form :
9. — Notice of Judgment.
To Bro. A. B. :
Take notice, that the foregoing is a copy of resolutions
adopted by Triluminar Lodge, No. 800, at their communication
held at their Lodge room in Freetown, on the 30th day of April
instant, together with a copy of the award made by the commis-
sioners as to expenses.
P. 0. Secretary.
Dated, April 30th, 1859.
Thus have been presented the ordinary proceedings from com-
plaint to judgment on a Masonic trial on charges preferred in a
Lodge. Some of them may be found practically unnecessary, but
the complaint, minutes and report are deemed important, and
should be substantially followed in every case. Other proceedings,
under the title of the Constitution, entitled “Of Trial and Its In-
cidents,” may be adapted to them, varying the allegations to suit
the case, and bearing in mind that in all the cases mentioned in
section 54 the decision of the commissioners is final, unless an ap-
peal be taken from it. (§ 58. ) In these cases the report will be
made to the Grand Lodge, and the minutes, with the report an-
nexed, filed in the office of the Grand Secretary, and notice given
to the parties by the commissioners. Their report, in such cases,
need not conclude with resolutions, but with an award of judg-
ment in the nature of both a verdict and sentence. It may be in
this form, in place of the recommendation of resolutions :
10. — Report of Commissioners (another form).
The said commissioners do therefore adjudge and determine as
follows :
1. That the charges of intoxication against Bro. A. B., of Trilu-
minar Lodge, No. 800, preferred by Bro. C. D., of Anchor Lodge,
No. 801, on the 9th day of April, 1859, are sustained, and that he
is guilty of the said charges.
300
APPENDIX.
2. That the said Bro. A. B. be and he is hereby suspended from
said Trilnrainar Lodge, and from the rights and privileges of Ma-
sonry, for the space of three months from this date.
3. That the said A. B. be adjudged to pay the charges and ex-
penses of the proceedings on this trial
The charges and expenses, Ac., (as in the preceding report, ex-
cept as to parties notified, and add) and our report has been duly
filed with the R. W. Grand Secretary (dated and signed by the
commissioners).
The following may be the form of their notice :
11.— Notice of Judgment by Commissioners.
To and :
Take notice that we have this day made and signed our
report to the Grand Lodge, by which we have adjudged and deter-
mined that Bro. A. B. is guilty of the charges preferred against
him, and that he is suspended from Triluminar Lodge, No. 800,
and from the rights and privileges of Masonry, for the space of
three months, and that he do pay the costs and expenses of the
proceedings before us, amounting to the sum of three dollars.
Signed by the Commissioners.
Dated, April 23, 1859.
The subject of Appeals next claims our attention, and we shall
still follow the form of proceedings after trial on charges preferred
in a Lodge against a member.
The time limited in every case for bringing an appeal is six
months (§ 58) ; but where a party is intending to appeal it is ad-
visable that he give notice of it immediately, which may be in the
following form :
12. — Notice of Appeal.
To P. Q., Secretary of Triluminar Lodge, No. 800 :
Take notice, that I shall bring an appeal from the action
of said Lodge on the 30th day of April, 1859, in passing sentence
of suspension on me for three months, to the M. W. Grand Lodge
of the State of New York (or the M. W. Grand Master, R. W. Dep-
uty Grand Master, or E. W. District Deputy Grand Master of this
district, as he may choose,) on the grounds to be stated in my ap-
peal.
Dated, May 4, 1859.
A. B.
APPENDIX.
301
On receiving this notice, the Secretary of the Lodge — or, in all
cases not under section 60, the commissioners — will transmit to
the Grand Lodge, or Grand officer, as the case may be, a copy of
the minutes of proceedings embracing the evidence, with a copy of
the report, to the Lodge — marked C and numbered 8 — annexed,
all duly ^attested and certified ; and by carefully observing these
directions it may always be done promptly. This, if filed with the
Grand Secretary, may be furnished to the Grand Lodge, or its
Committee on Appeals, or to the Grand officer appealed to, when
desired. When the appeal is to a Grand officer, the report may be
transmitted to him directly, to be by him afterwards filed with the
Grand Secretary. The appellant should next prepare his appeal,
which may be in this form :
13. — Appeal.
To the M. W. Grand Lodge of the State of New York (or M. W.
Grand Master) :
The undersigned hereby appeals to you from the decision
of Triluminar Lodge, No. 800, made April 30, 1859, in passing
sentence of suspension on him for three months, and he specifies
the following as the ground of his appeal :
1. That F. U. , one of the commissioners on his trial, was incom-
petent to act, having been present at the meeting of said Lodge
when the charges were preferred, and voted for their reference.
2. That the commissioners erred in deciding that P. S., Esq.,
should not be allowed to assist the undersigned in his defense.
3. That the second specification of the charges is vague and un-
certain.
4. That the commissioners erred in receiving testimony as to ap-
pearances of intoxication.
5. That they erred in rejecting the sworn affidavit of J. R.
6. That the proofs in the case were not sufficient to warrant the
finding of the commissioners.
7. That the Lodge erred in passing the resolution of suspension
by a majority vote.
All of which appears by the papers, proceedings and evidence in
the case.
Dated, May 11, 1859. A. B.
A copy of this appeal should be served on the Secretary of the
302
AFPENDIX.
Lodge ; and it is best, also, to serve a copy on the appellate tribu-
nal or officer. Within ten days (this is suggested as an admirable
time, there being no regulation on the subject,) an answer should
be made to the appeal by the Lodge. As in most cases this is
merely taking issue, the form of an answer on appeal may be un-
necessary ; yet one is subjoined, as follows :
14. — Answer to Appeal.
Triluminar Lodge, No. 800, answers the appeal of A. B. and
says :
That the said Lodge denies that there is any error in the pro-
ceedings of said Lodge, or of the commissioners appointed for the
trial of the said A. B., and further says that the decision of said
Lodge in said case is sustained both by the law and evidence
therein applicable thereto.
Dated, May 21, 1859. S. L., Junior Warden.
This is very general, and if a specific denial is deemed necessary
— taking issue upon each of the grounds of appeal and assigning
reasons therefor — it may be made after the foregoing form in com-
mencement, and adding thereto as follows :
Because the said Lodge says as to the first ground of appeal, &c.
And because the said Lodge says as to the second ground of ap-
peal, &c.
The case being thus fairly brought up on appeal, the Grand
Lodge or Grand officer may hear the same, either by oral argu-
ment, or the appeal and answer thereto may be made sufficiently
full to call attention to all the points in the case and the reasons
therefor. If the Secretary of the Lodge shall have omitted a tran-
script of the proceedings of the Lodge, and the same be required
to make the case perfectly understood, the Grand Master, Deputy
Grand Master, or District Deputy Grand Master may make an or-
der in this form :
15 . — Order on Appeal.
Office of the Grand Master of Masons, j
May 28, 18 . . j
To the W. Master, Warden and Brethren of Triluminar Lodge,
No. 800:
Bro. A. B. having duly appealed from the decision of your
Lodge made on the 30th April, 1859, suspending him for three
APPENDIX.
303
months, yon are hereby required to transmit, by the hand of your
Secretary and seal of your Lodge, a transcript of all the proceed-
ings of your Lodge, in the case of the said A. B. , from the time of
the presentation of the charges against him until the final action of
your Lodge thereon, with the several dates thereof, together with
all papers and documents relating thereto not heretofore returned,
within days from the receipt of this order by you.
Given under my hand and private seal on the day
and year first above written.
Grand Master.
After argument the appellate tribunal will, with all convenient
dispatch, pronounce the decision. If made by a Grand officer, it
should be filed, together with the appeal papers, in the office of the
Grand Secretary, and may be in this form :
16. — Decision on Appeal.
Office op the Grand Master of Masons, &c., June 4, 1859.
In the Matter op the Appeal j
op j.
Brother A. B.
Brother A. B. having appealed from the decision of Triluminar
Lodge, No. 800, made on the 30th day of April, 1859, by which he
was suspended from the rights and privileges of Masonry for three
months, on charges of intoxication ; and having heard the case, I
have carefully considered the facts appearing on said appeal, and
the grounds of error alleged by him. There does not seem to be
any error or irregularity in the proceedings, or in the several de-
cisions of the commissioners on the trial, and the facts of the case
warrant the conclusions of the commissioners and the decision of
the Lodge.
[If the officers desire to review the facts or comment upon any
of the points taken, he may here insert his remarks and reasons. ]
My judgment and decision, therefore, is, that the proceedings
and decisions of Triluminar Lodge, No. 800, in the case of Bro. A.
B., be and the same are hereby affirmed.
Grand Master.
If the decision be reversed, the appellate officer will vary the
second paragraph and give his reasons for dissenting from the con-
304
APPENDIX.
elusions of the commissioners and Lodge, and use the word “ re-
versed” in the last paragraph, instead of “affirmed.” Should he
desire to make any special order in the case, it may be added at
the end.
When an appeal is taken from the decision of a Grand officer, on
appeal to the Grand Lodge the case will be heard on the papers
which were before him, and it will only need the following and
final form of an appeal to bring up the matter, which should be
served on the Lodge through its proper officer, a reasonable time
(say twenty days) before the annual communication of the Grand
Lodge, and a copy transmitted to the Grand Secretary forthwith.
17. — Final Appeal to Grand Lodge.
To the M. W. Grand Master (or R. W. Deputy Grand Master) and
the W. Master Wardens and Brethren of Triluminar Lodge,
No. 800 :
The undersigned, A. B. , hereby appeals to the M. W. Grand
Lodge of the State of New York, from the decision of the M. W.
Grand Master, made in and by his order of June 4th, 1859, in the
case of this appellant, affirming the decision of said Lodge on the
30th April, 1859, in the same case, on the grounds particularly
stated and set forth in his appeal to the M. W. Grand Master, dated
May 11, 1859, and respectfully prays your consideration thereof
and judgment thereon.
Dated, June 6, 1859. A. B.
In the nature of the case, no answer to this appeal is required ; .
and when the appeal comes before the Grand Lodge it will take
the direction prescribed by its rules and usages.
From the foregoing general forms and directions, sufficient may
be gathered to apply to every case of Masonic discipline and trial,
between any parties and whatever may be the decision. To have
extended the forms, or adapted those given to every varying
change, would be great labor without adequate benefit, and es-
pecially in the great variety of charges. It should be remarked
that, when the charges are based upon a section of the constitu-
tion, or of the Lodge by-laws, it should be plainly and distinctly
referred to.
Should the accused admit the charges when served upon him,
proof of such admission or confession will be all that the commis-
APPENDIX.
305
sioners are required to have made, and they will make up their
minutes and report accordingly, adapting the foregoing forms.
If the accused fails to appear and answer the charges after per-
sonal service, the commissioners may proceed, after taking proof
of such service, to take proof of the charges, and in such case the
Master should appoint some brother to appear for him. The min-
utes and report in such cases should be full, and the forms given
can readily be modified to suit such a state of facts.
STANDARD FORM OF BY-LAWS.
[Intended to serve as a gnide in the formation of by-laws for Subordinate
Lodges, and subject to such alterations, not inconsistent with the Constitution,
as the convenience of the Lodges may dictate.]
ARTICLE I.
§ 1. The stated meetings of this Lodge shall be on the . . and . .
days in every month. The hour of meeting, from April 1 to Octo-
ber 1, shall be. 8 o’clock, and 7 h o’clock the remainder of the year.
§ 2. Special meetings may be called by the Master, upon any
emergency which he, in his judgment, may deem necessary ; but
no business shall be transacted by such special meeting but that
for which it was called.
ARTICLE EL
§ 3. r Jlie members of this Lodge are all who have been or may
be initiated in or affiliated therewith, who have subscribed their
names to these by-laws, and who have not withdrawn or been ex-
cluded for unmasonic conduct or non-payment of dues. (See sec-
tions 24 to 27, and sections 85 and 88, Constitution. )
ARTICLE HI.
OFFICERS — THEIR ELECTION, INSTALLATION, AND DUTIES.
§ 4. The officers of this Lodge shall be ranked and entitled as
follows :
1. The Master.
2. The Senior Warden.
3. The Junior Warden.
306
APPENDIX.
4. The Treasurer.
6. The Secretary.
6. The Senior Deacon.
7. The Junior Deacon.
8. The Stewards, or Masters of Ceremonies.
9. The Tyler.
the officers shall be elected at the stated communication
next preceding the festival of St. John the Evangelist, and be in-
stalled on or before the next stated meeting thereafter.
§ 6. Any member months in arrears for dues, shall not be
entitled to vote at said election.
§ 7. The duties of the officers of this Lodge, in addition to those
not proper to be written, are as follows :
the master.
To preserve the "Warrant of the Lodge with unfailing care, and
deliver it to his successor in office ; to see that these by-laws, the
Constitution of the Grand Lodge of the State of New York, and the
Ancient Constitutions of Freemasonry, be duly understood, re-
spected, and obeyed by the members ; to represent the Lodge, in
conjunction with the Senior and Junior Wardens, at all the Grand
communications of the M. W. Grand Lodge ; to draw all orders on
the Treasurer, with the consent and approbation of the Lodge ; to
see that all cases of offense against the laws of the Order be fairly
dealt with, according to these by-laws, and the constitutions and
rules of Masonry ; to report to the Lodge his proceedings in the
Grand Lodge, and to cause the printed transactions to be read for
the information of the brethren.
THE SENIOR WARDEN.
In addition to those duties which appertain to every individual
Mason, the duties of the Senior Warden are : to succeed to and
exercise all the powers of the Master in the event of his absence ;
to represent the Lodge, in conjunction with the Master and Junior
Warden, in the Grand Lodge ; to aid the Master in governing the
Craft during the hours of labor.
the junior warden.
It is the duty of the Junior Warden to exercise all the powers of
he Master, in the absence of the two officers above him ; to repre-
APPENDIX.
307
tent the Lodge, in conjunction with the Master and Senior Warden,
in the Grand Lodge ; to take charge of the Craft during the hours
of refreshment.
THE TREASURER
Is to receive all moneys from the hands of the Secretary ; pay
out the same by order of the Master and consent of the Lodge ; to
submit his accounts, when required by the Master or Lodge, for
examination ; to deliver to his successor in office all the moneys,
books, vouchers, and other properties of the Lodge he may have
in his possession.
THE SECRETARY.
The duty of this officer is to record the proceedings of the
Lodge ; to receive all moneys due the Lodge and pay the same to
the Treasurer ; to prepare the usual Keturns to the Grand Lodge,
in proper time and in accordance with the Constitution, and for-
ward the same to the Grand Secretary ; to deliver up to his suc-
cessor in office all the books, seal, and other property of the
Lodge.
THE SENIOR DEACON
Is to take part in the active duties of the Lodge ; to be courteous
to and provide accommodations for visiting brethren, and act as
the proxy of the Master.
THE JUNIOR DEACON
Has especial charge of the door, acts as the proxy of the Senior
Warden, and attends to such other duties as are pointed out to him
by the Master or Senior Warden, in accordance with the usages of
Masonry and the by-laws of his Lodge.
THE STEWARDS
Are to assist in the preparation of candidates, and to assist the
Senior Deacon in the discharge of his duties.
THE TYLER.
The duties of the Tyler are : to tile the Lodge under the direct
orders of the Master ; to serve notices, summons, etc., issued un-
der the authority of the Master and the Lodge ; and for the faith-
ful performance of these duties he shall receive dollars per
year for his services.
308
ATPENDIX.
otheb omcm
The Lodge may, in its discretion, appoint a Chaplain, a Marshal,
and an Organist, whose duties shall correspond with their titles.
ARTICLE IV.
TRUSTEES — THEIR ELECTION AND DUTIES.
§ 8. There shall be chosen by ballot, at the annual election,
three Trustees, who shall hold in trust for the Lodge all stocks,
securities, investments, and funds in deposit or interest, and shall
have power to transfer, exchange, or deposit the same, or any part
thereof, whenever required by a vote of the Lodge ; deposits to be
made in such institution as may be directed by the Lodge, and no
amount shall be drawn from such deposit without the order of the
Lodge.
§ 9. In case of a vacancy in the office of Trustee, the Lodge may
at any time proceed to fill the same, after two weeks’ notice.
ARTICLE V.
MEMBERSHIP — HOW ACQUIRED.
§ 10. Any person desirous of being initiated in this Lodge must
be proposed in writing by a member thereof, at a stated communi-
cation. The member making the proposition shall state therein
the age, birthplace, profession, and residence of the person pro-
posed. If the Lodge consents to receive the proposition, it shall
be referred to a special committee of three, whose duty it shall be
to make a thorough investigation into the physical, mental, and
moral qualification of said candidate, and make their report thereof
at the next stated meeting thereafter, unless further time be grant-
ed. On the report of said committee being made, the Lodge shall
proceed to ballot for the candidate, and, if no black ball appear
against him, he shall be declared elected ; but should one black
ball appear against him, he shall be rejected.
§ 11. No person can receive any degree in this Lodge, or become
a member thereof, who is not of mature age, sound in mind, per-
fect in body and limbs, possessing a good character, a trade or
profession, or some visible way of acquiring an honest and respect-
able livelihood, and publicly acknowledging a belief in the exist-
ence of a Supreme Being.
APPENDIX.
309
§ 12. Any Mason desirous of becoming a member of this Lodge
by affiliation, must produce a certificate of haring paid his dues in
his former Lodge, and of his having left the same in good stand-
ing, subject to the conditions set forth in section 10.
AETICLE YI.
FEES AND DUES.
§ 13. The initiation fee shall be dollars (not less than fif-
teen.) The affiliation fee .... dollars.
§ 14. The annual dues shall be dollars, payable quarterly.
§ 15. Any member of the Lodge neglecting or refusing to pay
his dues for one year, may be stricken from the roll thereof by a
vote of the Lodge, at a stated meeting.
§ 16. No person withdrawing from this Lodge can again become
a member without being proposed and balloted for anew, subject
to the provisions of sections 10 and 13.
§ 17. No member whose name has been stricken from the roll
can again become a member of this Lodge without paying up his
indebtedness and being proposed and balloted for as in the case of
adjoining members.
§ 18. No brother of this Lodge shall be suspended or expelled
from membership unless charges be preferred duly specifying his
offense, presented by a brother in good standing, and the accused
being allowed full opportunity to make his defense.
§ 19. Any brother desirous of withdrawing from this Lodge must
pay his indebtedness, and obtain its consent thereto.
AETICLE VII.
COMMITTEES.
§ 20. The Master, on the night of his installation, shall appoint
a committee of three members to be called the Standing Commit-
tee, whose duty it shall be to examine the books, vouchers, etc. ,
of the Treasurer and Secretary, from time to time, and to make a
detailed report in writing, whenever required. Likewise, to ex-
amine and audit all bills, accounts, and claims that may be pre-
sented to the Lodge for payment, and report upon the same in
writing. Nor shall any account be allowed by the Lodge until it
310
APPENDIX.
shall have been examined and reported upon by the Standing Com-
mittee.
§ 21. When in session, the Lodge may refer applications for
charity to a Special Committee ; but during the interval the Mas-
ter and Wardens shall be a Committee of Charity, and shall have
power at any time to draw upon the Treasurer, through the Mas-
ter, for a sum not exceeding five dollars at one time, to bestow
upon a distressed worthy Master Mason, his wife, widow, or orphan
child.
§ 22. Special Committees may be appointed upon any item of
business, and may consist of as may members as the Lodge, in its
discretion, may think proper. All committees shall report at the
next stated meeting subsequent to their appointment, and in write
ing, unless otherwise ordered by the Lodge. All committees shall
be appointed by the Master. Members who are appointed to serve
upon committees shall feel bound in honor to give patient and dil-
igent attention to the business of their appointment, and report
their conclusions to the Lodge without fear or favor.
ARTICLE VIII.
DISCIPLINE, OFFENSES, TRIALS, ETC.
§ 23. An offense in Masonry is defined to be an act which con-
travenes these by-laws, any constitutional rule or edict of the
Grand Lodge, any requisition of the unwritten law of Masonry, any
law of the land, or any law of God.
§ 24. When an offense shall be committed by a member or
members of this Lodge against the laws of Freemasonry, and
charges are preferred thereon, it shall be the duty of the Master to
appoint not less than three, nor more than seven, disinterested
members of the Lodge, commissioners, who shall appoint a time
and place for the trial, most convenient for those interested, and
summon the parties and their witnesses. After due investigation
of all the facts of the case, the commissioners shall found their
judgment thereon, and give notice to the parties interested. A
majority must concur in such judgment, and their judgment, it
approved by the Lodge, shall be final, unless an appeal be taken
therefrom to the Grand Lodge within six months, in which case it
APPENDIX.
311
shall be the duty of the commissions, upon receiving notice of such
appeal, to transmit their report to the Grand Secretary.
ARTICLE IX.
§ 25. Any portion or the whole of these by-laws may be amend-
ed, or others substituted in their stead, at the will of the Lodge,
provided the general principles of Freemasonry and the constitu-
tional rules and edicts of the Grand Lodge are carefully main-
tained. But all amendments, substitutions, etc., must be proposed
in writing, read before the Lodge, and laid over for two weeks be-
fore a vote of the Lodge is taken, and a vote of two-thirds of the
members present shall be necessary to the adoption of such propo-
sition.
Any action or edict of the Grand Lodge altering these by-laws,
has the effect of an amendment, without any action on the part of
the Lodge.
FORM OF A PROXY.
The Proxy of the Subordinate Lodges should be in the following
form, viz :
At a meeting of Lodge, No held at in the
county of in the State of on the . . . day of . . .
A. L. 58..
Besolved, That our Worshipful Brother , Past Master (or
Master, as the case may be, ) of Lodge, No. . . . , be and ho
is hereby appointed Proxy, to represent this Lodge in the Grand
Lodge of the State of , and he is fully empowered to act
in our behalf, in all the transactions of the Grand Lodge, as effect-
lally as if we ourselves were personally present.
All which we have caused to be certified by our Master and War-
dens, and the seal of our Lodge to be affixed.
[ii. s. ] Master.
Senior Warden.
Junior Warden.
Secretary.
312
APPENDIX.
CERTIFICATE OF ELECTION.
The certificate of the election of officers in a Subordinate Lodge
should be in the following form, and said officers cannot be recog-
nized as members of the Grand Lodge until a proper certificate of
election is filed in the Grand Secretary’s office :
Be it known, that on the day of A. L. 58. at a
regular meeting of .... Lodge, No. . . held in the county
of in the State of , our worthy Brother w # as
elected Master ; our worthy Brother Senior Warden, and
our worthy Brother Junior Warden of the said Lodge, for
the ensuing year, and that said Master and Wardens have been
duly installed.
In testimony whereof we, the members of the said Lodge, have
caused the seal thereof to be hereunto affixed, and our Secretary
to sign the same.
[l. s.] Secretary.
4 ^
fHC
{VNIVER BIT y )
INDEX
Advancement 172
Proficiency required . . . 172
Ballot for 172
Result of rejection 172
Action of Masons — how con-
trolled 11
Ancient Landmarks defined 12
Affiliation 176
Age, lawful 47
Ancient Charges —
Concerning God and
Religion 21
Of the Civil Magistrates 22
Of Lodges 23
Of Master, "Wardens,
and Fellows 23
Of the Craft in working 24
Of Behavior 26
Appointed Officers of Lodge 136
Appeal 188
Bight of 188
From Master . . .14, 81, 193
From Lodge 193
How taken 188
Effect of 190
Forms for 291
Apprentices, Entered 170
Apprentices may be tried . . 173
Bight of to Appeal ... 174
Articles XXXIX 30
Avouchment 182
Atheists, cannot Testify 220
Ballot, the 55
Must be unanimous ... 55
Not to be taken till one
month after petition 56
Indispensible in all cases 56
All present must 57
Must be secret 15, 58
Cannot be postponed. . 58
Unfavorable cannot be
reconsidered 58
For affiliation 59
For each degree 59
Exposure of, a cause for
discipline 58
Blank 140
Belief in God a landmark . . 13
Black-ball 61
Cast in error 54
By-laws 79
Form of 305
Burial, Masonic 203
INDEX.
314
Candidates —
Laws relating to 47
Qualifications of 47
Must be residents 48
Must present a petition 50
Must answer all ques-
tions . 62
If rejected, must obtain
consent of rejecting
Lodge before peti-
tioning another 52
Rejection of, cannot be
inquired into 63
May be disciplined, af-
ter initiation, for de-
ceiving committee ... 55
Deformity of 47
Initiation of 170
Advancement of 172
Called meetings 151
Certificates 182
Form of 289
Charges, how presented 216
Form of 291
Charter— see Warrant
Civil law, to be obeyed 14
Offences against 213
Committees 157
How appointed 157
On character 52
On business 103, 157
Constitutions, defined 11
Constitutional powers of
Lodges 78
Counsel in trials 219
Consecration of a Lodge ... 72
Constitution of a Lodge 73
Deacons, of a Lodge 128
Grand 277
Dedication of a Lodge 73
Degrees at sight 258
Deputy Grand Master 269
Dimission 198
Dimit, form of 290
Discussion, how controlled 102
Dispensations —
Who grants 67, 258
Expiration of . . . . ^ . 67
For degrees 259
District Deputy Grand Mas-
ters 282
Diploma, form of 290
Dues 140
Striking from roll for. . 238
Duties of the Master 89, 110
Of the Wardens. . . .116, 122
Of the Secretary 125
Of the Treasurer 123
Of the Deacons 128
Of the Stewards 131
Of Mas. of Ceremonies 131
Of other officers 136
Elections 138
Who may vote 140
When held 146
Majority required 143
Entered Apprentices 170
INDEX.
Eligibility for office 92
Evidence, rules of 221
Exclusion 100, 226
Expulsion 231
Vote required for 232
Notice of 232
Expelled Masons cannot tes-
tify 220
Examination of visitors 184
Fellow Craets 174
Freeborn, candidates must
be 14
Fines 225
Felony, bow dealt with 213
Forms, various 287
Funds of a Lodge 82
General Regulations, 1721 30
Grand Lodge, the 239
Formation of 240
Legislative powers of. . 243
Judicial powers of 246
Executive powers of. . . 247
Jurisdiction of 248
Grand officers 251
Grand Master 253
May be disciplined 255
May convene tbe G. L. 256
Presides in Grand L . . 268
Issues summons 258
Grants dispensations . . 258
Constitutes new Lodges 259
Arrests Lodge charters 260
Makes Masons at sight 261
315
Heals irregular Masons 263
Appoints subordinates. 264
Is elected annually 267
Grand Vvardens 271
Treasurer 272
Secretary 272
Chaplains 274
Marshal 275
Standard Bearer 275
Sword Bearer 276
Stewards 276
Deacons 277
Poursuivant 277
Tyler 277
Lecturer 278
Honorary Membership 279
Healing 263
Installation 146
To follow each election 148
By proxy 148
Who may conduct 148
In Lodges U. D 67
Of a Lodge 73
Instruction of Representa-
tives 77
Inherent powers of a Lodge 77
Jurisdiction —
Grand Lodges 248
Lodges 83
Territorial 83
Penal 84
Over sojourners 85
316
INDEX.
Jurisdiction over non-affilia-
ted Masons 85
Over candidates 83
Over unfinished work. . 83
Junior Deacon 129
Junior Warden 116
Law, Masonic, defined 9
Foundations of 10
Authorities for 19
Landmarks 13
Discussed 15
Bemoval of, void 16
Laws relating to candidates 47
Must be freeborn 47
Of lawful age 47
Of good report 47
Declare his belief in a
Supreme Being 48
Beside where initiated . 48
Be self-denying 49
Have some degree of ed-
ucation 50
Present a petition 51
Law, Parliamentary 151
Lecturer, Grand 278
Lodges, inherent powers of 77
Constitutional powers of 78
Lodge, the 65
Defined 65
Under dispensation 66
Lodges U. D., powers of. . . 66
Warranted 70
Consecration of 72
Dedication of 73
Lodges IT. D., Installation. 73
Powers of 74
Cannot try the Master. 15
Precedency and juris-
diction of 82
Funds of 82
Officers of 89
Jurisdiction of 83
Masonic Law, defined 9
Offences against 212
Masonic Offences 210
Trials 214
Punishments 225
Buies of action 11
Master Masons, rights of. . . 176
Amenable to local laws 15
Master, Grand 253
Master of a Lodge 89
His qualifications ... 14, 90
Has power to —
Congregate his Lodge 98
Preside 99
Fill vacancies 100
Control admissions . . 100
Begulate discussion. 102
Appoint committees. 103
Close 103
Issue summons 105
Control the warrant. 106
Bepresent his Lodge 107
Other rights of 108
Cannot dimit or resign 110
Marshal 137
Masters of Ceremonies 131
INDEX.
317
Mating Masons at sight 15, 261
Making Masons, how many 77
Meetings 150
Stated 151
Special 150
Cannot be adjourned . . 166
Mendicants 194
Members, floor 167
Membership, actual 176
Honorary 179
Minutes of a Lodge 126
Moral law, the rule of Ma-
sons 13
Offences against 212
Modes of recognition, a land-
mark 14
Mariners, excepted from law
of residence 84, 48
Non-affiliated Masons 203
Disabilities of 206
Subject to trial 85
Their appeal 86
Notice before initiation 31
Objection, right of 60
Officers of a Lodge 87
Nominations for 144
Installation of 148
Who may instal 1148
Cannot resign 122
Offences, Masonic 210
Against moral law 212
Against Masonic law . . 212
Offences, Political 213
, Against civil law 213
Various 213
Origin of Grand Lodges . . . 240
Pboposition of candidates
not in accordance
with ancient usage.. 51
Petition of a candidate,
form of 51
Can only be presented
at a stated meeting. 52
Cannot be withdrawn. . 52
Fee to accompany 52
Must lie over one month 56
Previously rejected 52
For membership 59
Powers of a Lodge U. D. . . 66
A Warranted Lodge ... 74
A Master 89, 110
A Grand Master 256
Wardens 116, 122
Grand Wardens 271
Precedency and jurisdiction
of Lodges 82
Penal code of Masonry 208
Past Master 112
Privileges of 113
Parliamentary usages 151
Punishments, Masonic 225
Physical qualifications 47
Proxies to Grand Lodge. . . 114
Form for 311
Petitions for New Lodges. . 173
Political offences 213
318
INDEX.
Qualifications of candi-
dates 47
Of the Master 14, 90
lilGHT —
Of membership 176
To visit 180
Of avouchment 182
Of trial 187
Of appeal 188
Of relief 193
Of withdrawal 198
Of burial 203
To constitute a Lodge . 259
To instal officers 113
Rejected applicants 52, 172
For initiation 52
For advancement 172
Recognition, modes of, a
landmark 14
Regulations of 1721 30
Records of the Lodge 126
Reprimand 226
Representatives in Grand
Lodge 15
May be instructed 77
Reserved rights of Lodges . 245
Restoration 234
Vote required for 236
Rules of action, defined. ... 11
Ritual, control of . . . 80
Secretary of a Lodge 125
Grand 272
Senior Warden 116
Senior Deacon 128
Sight, Masons made at. .15, 261
Stewards, of a Lodge 131
Grand 276
Suitable proficiency 172
Secrecy of the Ballot 15, 58
Suspension, definite 230
Indefinite 231
Vote required for 232
Notice of 232
Of by-laws 80
Of a warrant 72
Sword Bearer, Grand 276
Standard Bearer, Grand . . . 275
Succession to the chair 111
Special Meetings 151
Summons 105
Style of Grand officers 252
Sojourners 83
Surrendering a warrant 72
Treasurer of a Lodge 123
Grand 272
Thirty-nine Articles 30
Tellers 146
Trustees 137
Tyler of a Lodge 134
Grand 277
Trials, Masonic 214
Forms for 291
Right of 287
Service of charges 216
Answer to charges 216
Counsel 223
Examining witnesses.. 220
INDEX. 319
Trials, Competency of wit-
nesses 220
Pules of Evidence . . . 221
Summing up 224
Verdict 224
Final action of Lodge . . 224
Appeal from 225
Unfinished work 25
Visit, right of 14, 180
Visitors, control of 100
Avouched for 182
Objection to 180
Examination of 184
Voting, right of 140
Limitation of 140
Wakeant, imftutable 70
How forfeited 71
How surrendered 72
May be suspended 72
Form of 288
Custody of 10G
Wardens 116
Prerogatives of 119
Succession of 121
Cannot resign 122
Grand 271
Withdrawal, right of 198
Of petitions 52
Witnesses, who may be ... . 220
W eekly meetings 151
Work 80, 278
25
Unfinished